Immigration Reform: After the Election Rodolfo Gutierrez John Keller Dan Solomon Hispanic Advocacy Community Empowerment through Research (HACER) Immigrant Law Center of Minnesota (ILCM) Senator Al Franken
Broken System Bi-partisan agreement it is broken 11.5 million undocumented median residency is 13 years; 60% 10 years; 30 % 20 years; 3.3 M have at least one U.S. born child under 18 Family petitions can take 2 decades or more Businesses cannot rely on lottery system No path for long term residents to become documented Only one change over the last 13 years (9/11) greater enforcement Immigration courts: 400,000 backlog, average case 537 days $18 Billion on enforcement
Comprehensive Immigration Reform S.744 Path to citizenship for vast majority of the 11 million w right to work, travel and live without fear of deportation while earning citizenship, Reunification of many families separated by deportation, 5 year path to citizenship for Dreamers and right to earn citizenship through military service, Farm workers will be on a 5 year path to citizenship Expedited path for those already here in a temporary status (TPS/DED) Families that have spent years, even decades waiting for their turn in line will finally be reunited Spouses and children of Legal Permanent Residents would be considered immediate family classification and therefore would no longer be subject to arbitrary visa caps, Immigrants on the path to citizenship can pay fees in installments Individuals with final removal orders may be eligible for Registered Provisional Immigrant status New temporary worker programs that protects immigrant workers and American labor force
State of Immigration Play post 2014 election
Obama: Executive Action in 2014 http://www.huffingtonpost.com/2014/11/05/obama-immigrationexecutive-action_n_6109848.html
Executive Action options DACA 6/15/2012 already done DACA + (create categories of people that are low deportation priorities, e.g.,) 10 or more years in U.S. Have US born minor children, Parents of DACA recipients, Anyone who would have qualified under S.744
Executive Action options 2 Modification of Existing Regulations or Policy Interpretation Further clarify top priorities for deportation and only file charges (NTA) against this more narrow group (prosecutorial discretion) Improvements to business or professional visa categories EB-5 (investors) who create at least 10 jobs or more and invest $1M or $500k (targeted areas) in U.S. earn greencards, TPS holders could be admitted and adjust status Redefine Extreme Hardship so more people will complete visa processing Expansion of Parole-in-Place allows USCIS to grant status for humanitarian reasons or for significant public benefit lead to work authorization and adjustment of status. Recently expanded for family of active duty military. Expansion will lead to completion of family adjustment cases
Past Examples of Executive Imm n Action 1956-72, Eisenhower et al, Cuban asylum seekers 621,000 President Reagan used executive action in 1987 to allow 200,000 Nicaraguans facing deportation to apply for relief and work authorization. In 1992, George H.W. Bush granted deferred enforced departure to certain Salvadorans who faced deportation. In 1997, the Clinton administration used an executive order to protect many Haitians who had arrived in 1995 and earlier from deportation. 2007, Bush granted Liberians Deferred Enforced Departure 2010, Obama protected Haitian earthquake orphans through parole. 2012, 14, Obama created DACA to protect children and young adults from deportation, granted work authorization (1.5M estimated eligible)
Consequences of Executive Action Boehner: When you play with matches, you take the risk of burning yourself and he s going to burn himself if he continues to go down this path. Obama is inviting Big Trouble and there will be no legislating on immigration if he acts alone. McConnell: Executive Action will poison the well on bipartisan legislation on immigration. Immigration has not been mentioned by Rs as top legislative issue 2015. Lawsuit likely against Exec Action (this happened to DACA too). Impeachment Rep. Steve King. Rs could introduce piecemeal immigration legislation starting w border. Hispanic and Asian voters remain or increase support for D in presidential election decisive in 5-6 purple states in 2012. Fastest growing electorate. States continue to act on immigration positive measures, DREAM tuition, DLs, Trust Act.
Impact on Minnesota Federal delegation State politics & policies MN s immigrant and refugees and family members MN s demographics MN s businesses and farms
What Every Minnesotan should know moving forward? Next 6 months Next 12 months Next 24 or more months
Q & A & Contact Info Rodolfo Gutierrez Executive Director HACER, 651-288-1140, gutie102@umn.edu John Keller Executive Director Immigrant Law Center of Minnesota, 651-641-1011, ext. 203; john.keller@ilcm.org Dan Solomon Field Representative Senator Al Franken, 651-221- 2609, Dan_Solomon@franken.senate.gov