Immigration Action to be Announced!

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Tomorrow, November 20, 2014, could be a momentous day in the history of immigration reform. President Barack Obama is poised to announce an executive order on immigration tomorrow night in prime time. From Del Sol High School in Las Vegas, NV, the president is expected to at least outline action to provide immigration relief to up to five million undocumented immigrants. Immigration reform has been building momentum over the past decade towards the purpose of providing some forms of relief to millions of immigrants who either entered illegally or have stayed past their legal status because they have built meaningful lives in and contributed to the United States. DACA provided limited relief to some children who were brought to the United States without status. Perhaps tomorrow will bring an updated DACA but for adults. The president is also expected to address other immigration issues, such as the low H1B visa cap, the fact that dependents count against the employment caps, and measures to attract and retain more high-tech workers.

 

There are multiple dimensions and issues at play for the president. The prospects of comprehensive immigration reform have ebbed and flowed over the past seven years. There have been times of great Democratic and Republican support; there have been periods of harsh opposition. The DREAM Act has not yet materialized, even though it seems like the least controversial measure to pass. Comprehensive immigration reform seemed like a slam dunk following the November 2012 elections, but consistent opposition have foiled that probability through legislative actions. Seeing that the legislative options have not produced any positive results for hopeful immigrants, the president has decided to resort to executive action. Considering the Republican composition of both houses of Congress and the inability of Congress over the past two and seven years to pass immigration reform, the executive order seems like the next best option.

 

The specter of executive action has roused indignant opposition – both at the nature of the reforms being ordered and the very idea of using the executive order. Even though President Obama has used the executive order infrequently throughout his presidency compared to other presidents, opponents are accusing him of kingship, royalty, dictatorship, and the like for usurping what they see as Congress’ job. Immigration is affirmed as a federal matter and every president since Eisenhower dating back sixty years has issued an executive action on immigration. Political opposition is fierce and when an immigration executive order was considered during the summer, congressional Democrats in close elections begged Obama to hold off, fearing backlash would oust them from Congress. It turns out that Obama delayed action for nearly three months on their behalves, and they were rejected out of office anyway.

 

Comprehensive immigration reform has dominated national headlines for seven years because it addresses one of the most important issues in the United States. There are perhaps 12 million undocumented migrants. Resources can be spent on enforcement and border security, but many intelligent and comprehensive solutions are required to this multi-faceted problem. That is in addition to the variety of legal immigration problems that need solving. While it is unlikely green cards will be available for undocumented migrants, one hope is a pathway to US citizenship for qualifying undocumented immigrants. The possibility announced last week was deferred deportation and work authorization for up to five million undocumented immigrants, with family ties and enough years of residence, as covered in the previous blog post. That is a relatively vanilla action compared to pathways to citizenship naturalization and lawful permanent residence.

 

Whatever happens tomorrow, we can be sure that there will be strident opposition and threats to undermine it. Regardless, prime time

Immigration Reform

tomorrow night could be an important night for millions of people whose lives hang in the balance of uncertainty. The Immigration Attorney and staff at the Law Offices of Andrew Wood commends President Obama for taking action, and awaits the President’s announcement with hopes that millions of hard working individuals will benefit from the upcoming change.

Executive Order – Millions of Immigrants Could Stay and Work

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Work Authorization for 5 Million Unauthorized Immigrants

 

Although President Obama is currently globetrotting around Asia, his immigration policy as it pertains to people in the United States is grabbing national headlines. Obama promised an executive order (history of executive actions) on immigration in September. This was in response to two developments. The first was the inability of the House of Representatives and Senate to agree on comprehensive or piecemeal immigration reform, even though the prospects of immigration reform were imminent after the 2012 general election. Immigration reform is a broad term that includes border security, pathways to residency and citizenship for undocumented migrants, and changing aspects of our immigration system, be it employment- or family-based.

 

After two years of legislative inertia and grandstanding, it is painfully obvious that immigration reform will not occur through Congress. A stalemate was also achieved in 2007, when President Bush and Senator McCain supported plans resembling the DREAM Act were halted by virulent opposition. The president did not issue an executive order prior to the election, as cowering Democrats supplicated him not to, fearing that their party association would tarnish their election chances.

 

Many of those electorically-driven Democrats have been voted out of office in favor of a more Republican Senate and House that is vocally opposed to Obama’s forthcoming actions on immigration. While promising to do whatever lawful actions possible to improve the immigration system, the president will be unveiling a plan for protecting up to five million unauthorized immigrations from deportation and provide them with work permits. The protected will be parents of children who are American citizens or legal residents. The foundation of American immigration policy is family togetherness, so this comports with that goal. The parents will be able to obtain legal work documentation, not have to worry about living “in the shadows” with deportation threats, and separated from their families. According to media reports, the White House is debating whether that plane should be for people living in the United States for at least five years or at least ten. They are also hatching plans to extend protections to undocumented immigrants who came to the US as children, in the vein of a DREAM Act. An additional aspects of the order will expand opportunities for legal immigration possessing highly sought after tech skills, increase border security, and further mobilize a controversial enforcement program called Secure Communities. The 12,000 agents part of the immigration enforcement apparatus will receive clearer guidance as to who is a high priority and who is a low priority for deportation. Convicted criminals, foreigners who pose national security threats, and recent border-crossers will be the high priority threats.

 

The extra dimensions at play in this upcoming order are their connection to budget negotiations and the nomination of Obama’s Attorney General nominee, Loretta E. Lynch. Hopefully, the executive order will not be jettisoned for the sake of other political considerations. Immigration reform has been debated, resisted, weakened, delayed, imminent, and gridlocked over the past seven years. The president has promised an executive order, and it seems one is coming next week. The Law Offices of Andrew Wood is optimistic that this executive order will be beneficial and applauds this way overdue but critical action in alleviating the fears and burdens of millions of unauthorized immigrants. If the president follows through, this would be an excellent measure in providing relief to deserving millions.Immigration Reform Now!

November 2014 – Where Is Immigration Reform?

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And what of Immigration Reform?

November 2012 seemed to represent a sea of change in the immigration reform stalemate, tilting the balance in favor of comprehensive changes. Recalcitrant opposition at various points following the 2012 election seemed to have blunted any positive impact and in the last two years, all attempts to make comprehensive changes have fallen short somewhere in the legislative process. Many areas demand pressing reform: undocumented migrants (11-12 million), low caps on H1B visas, absurdly long processing times. Even piecemeal attempts have come up empty. An executive order possibility was shelved in September, possibly waiting until after the November 2014 midterm elections to make an appearance.

The executive order possibility was tabled for the sake of scared Democratic congresspersons who feared a presidential action on immigration injuring their chances at re-election. Democrats lost control of the Senate after holding it for eight years and ceded even more seats in the House, giving Republicans an even larger majority. With the Senate and House firmly in Republican control and the White House Democrat for the next years, the signs are inauspicious for immigration reform.

An executive order is promised, but whether that will be able to effect comprehensive change is questionable. President Obama’s June 2012 executive order – DACA (read more about DACA – Deferred Action for Childhood Arrivals –  here) – has been the most significant piece of immigration action recently, but it is only a nibble where a larger bite is required to attack the overall plate of problems.

President Bush and Senator McCain were maligned for supporting DREAM Act-esque immigration reform in 2007. Despite the widespread acceptance of the need to solve the myriad of immigration problems throughout the political spectrum, implacable and vociferous opposition seems poised to delay action even more. Considering the adeptness and fortitude that reformers have shown in their efforts to keep specks of immigration reform alive when prospects seem bleak, it is unwise to count on the door being shut on meaningful immigration reform. However, the optimism of November 2012 has definitely been eclipsed.

Fun Immigration Facts

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Fun Immigration Facts

Dearborn, MI or (“Dearbornistan”) is 40% Arab-American. It hosts the largest Lebanese American population and the highest percentage of Arabs of any city.

There are more immigrants living in New York City than there are people in Chicago, the third largest city in the United States.

There are over 80,000 immigrants in the Washington Heights neighborhood in Queens. 71% of the Elmhurst neighborhood in Queens is foreign born.

In 2010, Mexicans were the most populous immigrant group in 34 US states. Their homogenous dominance across the American landscape is countered by the Atlantic and Northeast, where the immigrant demographics are more even. Canada is second, counting its diaspora the most populous in 5 US States. Indians are the most populous in Pennsylvania, New Jersey, and West Virginia. El Salvador takes Maryland and Virginia. Massachusetts’s largest group is Chinese, Rhode Island’s and New York’s are Dominican, Connecticut’s is Jamaican, and Alaska’s and Hawaii’s is Filipino.

In 1910, Mexicans were the most populous immigrant group in 3 US States – New Mexico, Texas, and Arizona. Arizona and New Mexico did not even receive statehood until 1912.

Over 3,000 immigrants take the oath of naturalization to US citizenship on July 4 every year at Monticello. Monticello is Thomas Jefferson’s estate. Thomas Jefferson, the third president, died July 4, 1826, fifty years after the famed Declaration of Independence signing.

Chief Justice Warren Burger led the naturalization ceremonies of 15,000 new citizens on July 4, 1986.

460 languages are spoken in the United States and 150 languages are spoken by students of the New York City public school system. Queens is the most linguistically diverse area on the earth.

US Immigration Facts

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Fun Facts About American Immigration:

Over 41 million immigrants live in the United States. The American immigrant population exceeds the total population of 173 countries in the world. If the American immigrant population were a country, it would be vying with Kenya for 32nd place in country population. This figure excludes the United States citizen children born to the immigrants.

The United States has more immigrants than the next four leading countries COMBINED. Russia, Germany, Saudi Arabia, and Canada could add their immigrant populations together and still be smaller than the American immigrant contingent.

 

46% of immigrants are naturalized US citizens and 54% are lawful permanent residents.

In 2012, Mexicans accounted for the most immigrants with 28%. Indians were second place.

Using a 2012 survey, 79% of immigrants said they speak English exclusively at home. Of the 21% who claimed not to speak English exclusively at home, the most popular languages were Spanish (62%), Mandarin (5%), Cantonese (5%), and Tagalog (3%).

Over ten million immigrants call the Golden State home. If the immigrant community of California were a state, its population would make it the eighth most populous state in the union, between Ohio and Georgia.

 

The Department of Homeland Security removed 438,121 individuals in 2013, marking increases from 2012 and 2011. The 2013 number indicates an all-time high. 72% of the removed individuals were Mexican nationals.

 

69,909 refugees were admitted to the US in 2013 and 25,199 individuals were granted asylum. The leading countries of nationality for persons granted asylum were 1) China, 2) Egypt, and 3) Ethiopia. The leading countries of nationality for refugee admissions were 1)Iraq, 2) Burma, 3) Bhutan, and 4) Somalia. California, New York, Florida, Virginia, and Maryland host the most number of 2013 asylees.

 

The foreign-born share of the population is at 13%, which is the not the highest it has been in recorded American history. 15% prevailed from 1890 – 1920, during a prosperous period of American history known as The Gilded Age.

Median household income is lower for immigrants than for American natives. However, it is substantially higher among South Asian immigrants than for American natives, using 2011 information.