President to Press for Immigration Reform Early in the Next Congress

According to the Los Angeles Times, President Obama is preparing to press for comprehensive immigration early in the next Congress.  The plan calls for an all-out blitz as soon as talks over the country's fiscal problems dies down.  Reportedly, the campaign to press for immigration reform will focus on convincing Americans that reform will provide benefits in such areas as education, health care, business and safety.

The exact details of the President's proposal are still evolving.  Reportedly, the proposal will include a pathway to citizenship for those undocumented aliens already present in the United States, increased border security, increased penalties for employers who hire aliens unauthorized to work in the United States, and increased opportunities to hire foreign workers.

According to the Times, some Democrats believe that there is a narrow window to press for reform.  The closer it gets to the next congressional elections, the more likely members of Congress will be reluctant to vote in favor of a bill that has political risks.

Republicans, however, appear to be in favor of slower approach, tackling one issue at a time before addressing whether there should be a pathway to citizenship.  Florida Senator Marco Rubio has stated, "Portions of immigration reform can be dealt with quicker than others."  Congress, for example, could first approach expanding opportunities for science and technology workers and addressing undocumented aliens who were brought here as children before the more controversial subjects.

Recently, however, a bill to expand the number of visas available to science, technology, engineering and math (STEM) workers stalled in the Senate after being passed by the House.  The fight over the bill highlighted a key difference of opinions between Republicans and Democrats over the shape of reform.  Specifically, Republicans appear to believe that in order for there to be more visas available for STEM workers, over visa categories have to be eliminated.  Democrats, by contrast, do not view reform as a zero-sum game, seeing no need to eliminate some visas in order to expand the availability of others.

One key concern for Republicans is whether they would be sacrificing their political future by supporting immigration reform now.  Specifically, conservatives, such as Rush Limbaugh, have argued that if Republicans support a pathway to citizenship, they would simply be expanding the number of Democratic voters in the future.  This is a fear that can be seen by careful analysis of the Achieve Act currently pending  in the Senate.

The Achieve Act, sponsored by Republicans Kaye Bailey Hutchison, John Kyl and John McCain, is the Republicans' response to the DREAM Act.  It would create a way for some undocumented aliens brought to this country as children to have legal status.  However, the bill would create a non-immigrant visa for such aliens, which would not itself lead to citizenship.  Thus, beneficiaries under the Achieve Act would not automatically be on the path to obtain the right to vote.

While this appears to be the most positive atmosphere for immigration reform since President Bush attempted to press for a guest worker program, the battle will not be easy.  Competing interests will need to be addressed, and in some instances overcome, if the press for immigration reform is to be successful.

By: William J. Kovatch, Jr.
(703) 837-8832
info@kovatchimmigrationlaw.com

Dream to Achieve: Comparison of Proposals to Address Young Undocumented Aliens

In the wake of the presidential elections, many in the Republican Party have shown a greater willingness to consider comprehensive immigration reform. In particular, many have seen a softening of the GOP's stance on immigration reform necessary in light of the overwhelming majority of Latino voters who supported President Obama.

Nonetheless, the Republicans may not be in complete uniformity on what shape comprehensive immigration reform should take.  One issue that may prove to be the most difficult to address could be what to do about the many undocumented aliens already in the country.  The issue of creating a guest worker program, with some pathway to citizenship, may complicate the drive for comprehensive reform.

In the meantime, there appears to be some agreement that young people, brought to this country as children and who have grown up as if they were Americans, deserve some form of relief.  This is on the heals of the President's Deferred Action for Childhood Arrivals program, which could grant a promise not to deport such young people who meet certain qualifications.  The program has its roots in the DREAM Act, which failed in 2010 when a Senate filibuster prevented the bill from coming up for a vote.

At least two Republicans have been working on a similar bill over the past year.  Senators Kay Bailey Hutchison and Jon Kyl, both of whom will retire in January, have been working on the Achieve Act as an alternative to the DREAM Act.  There appears to be a movement to try to bring the Achieve Act up for a vote before January.

The Achieve Act, however, has some major differences in qualifications when compared to the President's deferred action program.  If the Achieve Act were to pass, it could cause a number of people, who have applied for and already received deferred action, out in the cold as far as permanent relief is concerned.

The requirements for relief under the Achieve Act are:  (1) the applicant must have completed high-school and be admitted to college or earned a college degree, or completed high school and be enlisted in or have completed four years of military service; (2) the applicant must have entered the country before the age of 14; (3) the applicant must have lived in the U.S. continuously for five years; (4) the applicant must have not committed a felony, two misdemeanors with a jail term of over 30 days, or a crime of moral turpitude; (5) the applicant must not be subject to a final order of removal; (6) the applicant must pay a $525 fee; and (7) the applicant must be under the age of 28 (or 32 if they have a bachelor's degree from a U.S. university).

The major differences are:  (1) the deferred action program only requires that the applicant be enrolled in a U.S school, have a high school diploma, have a GED or be enrolled in classes to work toward a GED; (2) the deferred action program only requires that the applicant enter the United State before age 16; and (3) the deferred action program only requires that the applicant be under age 31 as of June 15, 2012.

With these key differences, there are several young people who would qualify under the deferred action program,  who would not qualify under the Achieve Act.  People who entered the United States after age 14, but before age 16, for example, would be out of luck under the Achieve Act.  Likewise, people who have a high school diploma, but who chose not to go on to higher education would be left out.  Finally, the cut-off age is lower for the Achieve Act.

It is unclear why the Republican proposal has stricter qualification requirements than the current deferred action program.  It may be explained by the fact that the bill was drafted before the President announced the program.  Nonetheless, equity would argue that the bill be modified to cover all of those covered by the deferred action program.  Whether that will happen, or the Republicans stick to their guns remains to be seen.

By:  William J. Kovatch, Jr.
(703) 837-8832
info@kovatchimmigrationlaw.com

Kay Bailey Hutchison, of Texas, and Jon Kyl, of Arizona

Read more: http://www.foxnews.com/politics/2012/11/16/republicans-mull-own-version-dream-act-vote-on-achieve-act-by-january/#ixzz2Cte3l3Wt

Kay Bailey Hutchison, of Texas, and Jon Kyl, of Arizona

Read more: http://www.foxnews.com/politics/2012/11/16/republicans-mull-own-version-dream-act-vote-on-achieve-act-by-january/#ixzz2Cte3l3Wt