Wednesday, April 10, 2013

Senate's Comprehensive Immigration Reform Proposal Imminent

According to numerous sources from within Congress and the media, the "Gang of Eight's" comprehensive immigration reform proposal is set to be unveiled this week. According to a report from the "The Hill", sources have stated that the proposal will be released this Thursday, April 11, 2013.

There are conflicting accounts as to exactly how long the path to citizenship would take for the over 11 million undocumented immigrants currently living in the United States. Most news organizations are reporting a 13 year path to citizenship, however other sources, including the Atlantic Wire, say that 20 years is realistic. The Wire's number comes from the fact that in order to begin processing these applications for legal status, the Mexican border would need to be secure. No, not what this administration considers "secure"- "secure" as in stopping 90% of all illegal crossings from the southern border with Mexico, not to mention the tens of thousands of people who "overstay" their nonimmigrant visas.

According to an April 10, 2013 Reuters article, border security would be linked to the path to citizenship and the standards would be set by Congress. At the onset, the Department of Homeland Security (DHS) would be tasked with preventing substantially all illegal border crossings. If, after five years, DHS was unable to meet border security criteria set up by Congress, then a commission would be set up to implement this secure border provision. Border security would be, sorry to use contractual lingo, a "condition precedent" to the path to citizenship. Only when the border was adequately secure, could undocumented immigrants apply for legal status and begin the arduous trek to citizenship.

Comprehensive immigration reform is no doubt linked to national politics. The Republicans fully understand that hey need the Hispanic vote in order to remain viable on a national stage. Strict border provisions have probably been introduced to appeal to the more conservative factions of the party in order to secure the necessary votes needed to ensure passage.

These are exciting times to be an immigration attorney, I for one anxiously await the final, publicly released proposal, and will be sure to write about its provisions when the "Gang of Eight" releases it.

For more information on this and other immigration matters, please visit www.kpimmigrationlaw.com.

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