The President asked Secretary Johnson and Attorney General Eric Holder to undertake a rigorous and inclusive review to inform recommendations on reforming our broken immigration system through executive action. This review sought the advice and input from the men and women charged with implementing the policies, as well as the ideas of a broad range of stakeholders and Members of Congress from both sides of the aisle. Our assessment identified the following ten areas where we, within the confines of the law, could take action to increase border security, focus enforcement resources, and ensure accountability in our immigration system.
Trump administration indicates that it will terminate Work Permits (EADs) for H-4 Spouses of H-1B Workers
By rescinding DACA, the Administration has closed the door to 800,000 #Dreamers who consider America home. Dreamers are making America greater every day, building stronger communities and contributing their talents to our industry. By abandoning these young people, the Administration is conceding far more than it gains from fulfilling a reprehensible campaign promise. We now look to Congress to live up to America’s fundamental principles and stand up for Dreamers.
The Washington Post’s David Nakamura provides details on Sens. Tom Cotton (Ark.) and David Perdue (Ga.)’s new bill entitled “Reforming American Immigration for Strong Employment [RAISE] Act”.
In a nutshell, the new bill: a) Focuses on “Merit Based” Green Cards through a Canadian style points system b) Does away with the 50K Diversity Lottery green cards, c) Caps Refugee cases to 50K a year, d) Limits or does away with Family Based Immigration for “Extended Relatives” including adult children and siblings of US Citizens (termed “Chain Migration”), and d) Reduces the total number of Green Card issued annually by about half.
Fixing Our Broken Immigration System Through Executive Action – Key Facts
Executive Actions on Immigration
On November 20, 2014, the President announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S. without fear of deportation.
These initiatives include:
USCIS and other agencies and offices are responsible for implementing these initiatives as soon as possible. Some initiatives will be implemented over the next several months and some will take longer.
Over the coming months, USCIS will produce detailed explanations, instructions, regulations and forms as necessary. The brief summaries provided below offer basic information about each initiative.
While USCIS is not accepting requests or applications at this time, if you believe you may be eligible for one of the initiatives listed above, you can prepare by gathering documents that establish your:
Share this page with your friends and family members. Remind them that the only way to be sure to get the facts is to get them directly from USCIS. Unauthorized practitioners of immigration law may try to take advantage of you by charging a fee to submit forms to USCIS on your behalf or by claiming to provide other special access or expedited services which do not exist. To learn how to get the right immigration help, go to the Avoid Scamspage.
Below are summaries of major planned initiatives by USCIS, including:
Key Questions and Answers
Q1: When will USCIS begin accepting applications related to these executive initiatives?
A1: While USCIS is not accepting applications at this time, individuals who think they may be eligible for one or more of the new initiatives may prepare now by gathering documentation that establishes factors such as their:
USCIS expects to begin accepting applications for the:
Others programs will be implemented after new guidance and regulations are issued.
We strongly encourage you to subscribe to receive an email whenever additional information is available on the USCIS website. Remember that the only way to get official information is directly from USCIS. Unauthorized practitioners of immigration law may try to take advantage of you by charging a fee to submit forms to USCIS on your behalf or by claiming to provide other special access or expedited services which do not exist. To learn how to get the right immigration help, visit www.uscis.gov/avoidscams for tips on filing forms, reporting scams and finding accredited legal services.
Q2: How many individuals does USCIS expect will apply?
A2: Preliminary estimates show that roughly 4.9 million individuals may be eligible for the initiatives announced by the President. However, there is no way to predict with certainty how many individuals will apply. USCIS will decide applications on a case-by-case basis and encourages as many people as possible to consider these new initiatives. During the first two years of DACA, approximately 60 percent of potentially eligible individuals came forward. However, given differences among the population eligible for these initiatives and DACA, actual participation rates may vary.
Q3: Will there be a cutoff date for individuals to apply?
A3: The initiatives do not include deadlines. Nevertheless, USCIS encourages all eligible individuals to carefully review each initiative and, once the initiative becomes available, make a decision as soon as possible about whether to apply.
Q4: How long will applicants have to wait for a decision on their application?
A4: The timeframe for completing this new pending workload depends on a variety of factors. USCIS will be working to process applications as expeditiously as possible while maintaining program integrity and customer service. Our aim is to complete all applications received by the end of next year before the end of 2016, consistent with our target processing time of completing review of applications within approximately one year of receipt. In addition, USCIS will provide each applicant with notification of receipt of their application within 60 days of receiving it.
Q5: Will USCIS need to expand its workforce and/or seek appropriated funds to implement these new initiatives?
A5: USCIS will need to adjust its staffing to sufficiently address this new workload. Any hiring will be funded through application fees rather than appropriated funds.
Q6: Will the processing of other applications and petitions (such as family-based petitions and green card applications) be delayed?
A6: USCIS is working hard to build capacity and increase staffing to begin accepting requests and applications for the initiatives. We will monitor resources and capacity very closely, and we will keep the public and all of our stakeholders informed as this process develops over the course of the coming months.
Q7: What security checks and anti-fraud efforts will USCIS conduct to identify individuals requesting deferred action who have criminal backgrounds or who otherwise pose a public safety threat or national security risk?
A7: USCIS is committed to maintaining the security and integrity of the immigration system. Individuals seeking deferred action relief under these new initiatives will undergo thorough background checks, including but not limited to 10-print fingerprint, primary name, and alias name checks against databases maintained by DHS and other federal government agencies. These checks are designed to identify individuals who may pose a national security or public safety threat, have a criminal background, have perpetrated fraud, or who may be otherwise ineligible to request deferred action. No individual will be granted relief without passing these background checks.
In addition, USCIS will conduct an individual review of each case. USCIS officers are trained to identify indicators of fraud, including fraudulent documents. As with other immigration requests, all applicants will be warned that knowingly misrepresenting or failing to disclose facts will subject them to criminal prosecution and possible removal from the United States.
Q8: What if someone’s case is denied or they fail to pass a background check?
A8: Individuals who knowingly make a misrepresentation, or knowingly fail to disclose facts, in an effort to obtain deferred action or work authorization through this process will not receive favorable consideration for deferred action. In addition, USCIS will apply its current policy governing the referral of individual cases to Immigration and Customs Enforcement (ICE) and the issuance of Notices to Appear before an immigration judge. If the background check or other information uncovered during the review of a request for deferred action indicates that an individual’s presence in the United States threatens public safety or national security, USCIS will deny the request and refer the matter for criminal investigation and possible removal by ICE, consistent with existing processes.
Q9: If I currently have DACA, will I need to do anything to receive the third year of deferred action and work authorization provided by the executive initiatives?
A9: The new three-year work authorization timeframe will be applied for applications currently pending and those received after the President’s announcement. Work authorizations already issued for a two-year period under the current guidelines will continue to be valid through the validity period indicated on the card. USCIS is exploring means to extend previously issued two-year work authorization renewals to the new three-year period.
Q10: Will the information I share in my request for consideration of deferred action be used for immigration enforcement purposes?
A10: Information provided in your request is protected from disclosure to Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) for the purpose of immigration enforcement proceedings unless you meet the criteria for the issuance of a Notice to Appear or a referral to ICE under the criteria set forth in USCIS’ Notice to Appear guidance. Individuals who are granted deferred action will not be referred to ICE. The information may be shared, however, with national security and law enforcement agencies, including ICE and CBP, for purposes other than removal, including:
This policy covers family members and guardians, in addition to you.
Q11: What is USCIS doing to assist dependents of U.S. armed services personnel?
A11: USCIS is working with the Department of Defense to determine how to expand parole authorization to dependents of certain individuals enlisting or enlisted in the U.S. armed services. For information on the existing parole-in-place policy for military personnel, please read this policy memorandum.
You can find definitions of other terms used on our website in Glossary of Terms.
Last Reviewed/Updated: 11/20/2014
PRESS RELEASE FROM THE WHITE HOUSE: Presidential Memorandum — Modernizing and Streamlining the U.S. Immigrant Visa System for the 21st Century
Presidential Memorandum — Modernizing and Streamlining the U.S. Immigrant Visa System for the 21st Century
November 21, 2014
MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES
SUBJECT: Modernizing and Streamlining the U.S. Immigrant Visa System for the 21st Century
Throughout our Nation’s history, immigrants have helped the United States build the world’s strongest economy. Immigrants represent the majority of our PhDs in math, computer science, and engineering, and over one quarter of all U.S.-based Nobel laureates over the past 50 years were foreign-born. Immigrants are also more than twice as likely as native-born Americans to start a business in the United States. They have started one of every four American small businesses and high-tech startups, and more than 40 percent of Fortune 500 companies were founded by immigrants or their children.
But despite the overwhelming contributions of immigrants to our Nation’s prosperity, our immigration system is broken and has not kept pace with changing times. To address this issue, my Administration has made commonsense immigration reform a priority, and has consistently urged the Congress to act to fix the broken system. Such action would not only continue our proud tradition of welcoming immigrants to this country, but also reduce Federal deficits, increase productivity, and raise wages for all Americans. Immigration reform is an economic, national security, and moral imperative.
Even as we continue to seek meaningful legislative reforms, my Administration has pursued administrative reforms to streamline and modernize the legal immigration system. We have worked to simplify an overly complex visa system, one that is confusing to travelers and immigrants, burdensome to businesses, and results in long wait times that negatively impact millions of families and workers. But we can and must do more to improve this system. Executive departments and agencies must continue to focus on streamlining and reforming the legal immigration system, while safeguarding the interest of American workers.
Therefore, by the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to modernize and streamline the U.S. immigration system, I hereby direct as follows:
Section 1. Recommendations to Improve the Immigration System. (a) Within 120 days of the date of this memorandum, the Secretaries of State and Homeland Security (Secretaries), in consultation with the Director of the Office of Management and Budget, the Director of the National Economic Council, the Assistant to the President for Homeland Security and Counterterrorism, the Director of the Domestic Policy Council, the Director of the Office of Science and Technology Policy, the Attorney General, and the Secretaries of Agriculture, Commerce, Labor, and Education, shall develop:
(i) in consultation with private and nonfederal public actors, including business people, labor leaders, universities, and other stakeholders, recommendations to streamline and improve the legal immigration system — including immigrant and non-immigrant visa processing — with a focus on reforms that reduce Government costs, improve services for applicants, reduce burdens on employers, and combat waste, fraud, and abuse in the system;
(ii) in consultation with stakeholders with relevant expertise in immigration law, recommendations to ensure that administrative policies, practices, and systems use all of the immigrant visa numbers that the Congress provides for and intends to be issued, consistent with demand; and
(iii) in consultation with technology experts inside and outside the Government, recommendations for modernizing the information technology infrastructure underlying the visa processing system, with a goal of reducing redundant systems, improving the experience of applicants, and enabling better public and congressional oversight of the system.
(b) In developing the recommendations as set forth in subsection (a) of this section, the Secretaries shall establish metrics for measuring progress in implementing the recommendations and in achieving service-level improvements, taking into account the Federal Government’s responsibility to protect the integrity of U.S. borders and promote economic opportunity for all workers.
Sec. 2. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The Secretary of State is hereby authorized and directed to publish this memorandum in the Federal Register.
President Obama will address the nation tonight to lay out the executive actions he’s taking to fix our broken immigration system. The address will be made at 8 p.m. ET and a live feed is available at WhiteHouse.gov/Live
This is a step forward in the President’s plan to work with Congress on passing common-sense, comprehensive immigration reform. He laid out his principles for that reform two years ago in Del Sol High School in Las Vegas — and that’s where he’ll return on Friday to discuss why he is using his executive authority now, and why Republicans in Congress must act to pass a long-term solution to immigration reform.
VIA THE WHITE HOUSE
The White House
Office of the Press Secretary
For Immediate Release
April 16, 2013
This afternoon, Senators Schumer and McCain briefed me on the bipartisan immigration reform bill that they have drafted with their colleagues in the Senate. This bill is clearly a compromise, and no one will get everything they wanted, including me. But it is largely consistent with the principles that I have repeatedly laid out for comprehensive reform. This bill would continue to strengthen security at our borders and hold employers more accountable if they knowingly hire undocumented workers. It would provide a pathway to earned citizenship for the 11 million individuals who are already in this country illegally. And it would modernize our legal immigration system so that we’re able to reunite families and attract the highly-skilled entrepreneurs and engineers who will help create good paying jobs and grow our economy. These are all commonsense steps that the majority of Americans support. I urge the Senate to quickly move this bill forward and, as I told Senators Schumer and McCain, I stand willing to do whatever it takes to make sure that comprehensive immigration reform becomes a reality as soon as possible.
THE WHITE HOUSE
Office of the Press Secretary
FOR IMMEDIATE RELEASE
February 19, 2013
Readout of the President’s Calls to Senate Republicans on Commonsense Immigration
“This afternoon, the President placed calls to Senator Graham, Senator McCain, and Senator Rubio to discuss their shared commitment to bipartisan, commonsense immigration reform and to commend the Senators for the bipartisan progress that continues to be made by the Gang of 8 on this important issue.
During the calls, which build on conversations that have taken place at the staff level, the President reiterated that he remains supportive of the effort underway in Congress, and that he hopes that they can produce a bill as soon as possible that reflects shared core principles on reform.
The President has made clear that he believes commonsense reform needs to include strengthening border security, creating an earned path to citizenship, holding employers accountable, and streamlining legal immigration.
As the President made clear when he met with Democratic Senators involved in the process last week, that while he is pleased with the progress and supportive of the effort to date, he is prepared to submit his own legislation if Congress fails to act.
He thanked the Senators for their leadership, and made clear that he and his staff look forward to continuing to work together with their teams to achieve needed reform.
The President did not speak with Senator Flake, who is traveling, but he looks forward to discussing the issue with him in the near future.”
Preview of President Obama’s immigration reform plan: nothing yet planned for STEM workers or Employment/Family Based Immigrants waiting in line
USA Today’s preview of the President’s Comprehensive Immigration Reform (CIR) plan indicates that it presently includes proposals for increased border security funding, a reworking of the employment verification protocol and, most importantly, an eight year legalization path for undocumented immigrants along with criminal checks, exams and back taxes. Unfortunately, no word yet on relief for legal immigrants in the queue or STEM/Professional Workers.
Undocumented immigrants would wait eight (8) years to get a green card – the later of 1. eight years from the date the Immigration Reform passes or 2. until all legal immigrants currently waiting in line receive a green card (as the President had previously announced). This would essentially mean the maximum wait time would be eight years, as plenty of legal immigrants are currently waiting up to 24 years for a family based green card (F4 Preference: U.S. Citizen filing for a brother/sister born in the Philippines) or 11 years for an employment based green card (EB3 Preference – U.S. Employer filing for an Indian skilled/professional worker).
While no one begrudges relief for undocumented immigrants, Comprehensive Immigration Reform will not be “Comprehensive” unless additional visa numbers are added for the family and employment based immigrants waiting patiently in line.
- President Obama’s immigration reform resembles Sen. Marco Rubio’s plan (miamiherald.com)
- Obama’s backup plan: Maximum 13-year wait for citizenship (news.yahoo.com)
On Laura Ingraham’s radio show, Senator David Vitter (R-LA) called out Senator Marco Rubio (R-FL) on the latter’s support of the Bipartisan Framework for Comprehensive Immigration Reform. In doing so, Sen. Vitter has identified himself as one of the few vestigial remnants within the old Republican Party that cannot follow the simple math lesson taught by the recent Presidential Election:
Anti-Immigration Reform Platform=less than 40% of the Latino vote, where >40% of the Latino vote=White House.
Or put more simply:
Anti-Immigration Reform Platform=Bad
While I do agree that any Republican primary could still be won by an Anti-IR candidate, we have clearly witnessed that it is simply not possible for said candidate to “reset” or “restate” this position in time to win the Presidential Election
Excerpt from the radio show:
White House Press Release on Comprehensive Immigration Reform entitled “Fixing our Broken Immigration System so Everyone Plays by the Rules”
VIA The White House, Office of the Press Secretary,
For Immediate Release, January 29, 2013
FACT SHEET: Fixing our Broken Immigration System so Everyone Plays by the Rules
America’s immigration system is broken. Too many employers game the system by hiring undocumented workers and there are 11 million people living in the shadows. Neither is good for the economy or the country.
It is time to act to fix the broken immigration system in a way that requires responsibility from everyone —both from the workers here illegally and those who hire them—and guarantees that everyone is playing by the same rules.
President Obama’s commonsense immigration reform proposal has four parts. First, continue to strengthen our borders. Second, crack down on companies that hire undocumented workers. Third, hold undocumented immigrants accountable before they can earn their citizenship; this means requiring undocumented workers to pay their taxes and a penalty, move to the back of the line, learn English, and pass background checks. Fourth, streamline the legal immigration system for families, workers, and employers.
Together we can build a fair, effective and commonsense immigration system that lives up to our heritage as a nation of laws and a nation of immigrants.
The key principles the President believes should be included in commonsense immigration reform are: