On January 30, 2014, the House GOP released its “Standard for Immigration Reform,” which proposes to allow undocumented immigrants to legally live and work in the US, if they “come forward and get right with the law” and are “willing to admit their culpability.” They must also pass a “rigorous” criminal background check, pay “significant” fines and back taxes, learn English and civics, and prove they can support themselves without government assistance.
This one page document is in response to the massive Senate proposal, which called for comprehensive immigration reform. The GOP stated that existing problems with our immigration system “cannot be solved with a single, massive piece of legislation.” Instead, they want to approach immigration reform through a step-by-step process, starting with securing our borders, rigorously enforcing our immigration laws, and then allowing undocumented immigrants a chance to live and work in the US.
The GOP wants to promote employment-based immigration over family petitions and\or the visa lottery. They believe that our present immigration system, which emphasizes “extended family members and pure luck over employment – based immigration… is inconsistent with nearly every other developed country.” They note that many people come to the US and attend our colleges and universities and are highly skilled and educated. However, because not enough employment visas are available “we end up exporting this labor and ingenuity to other countries.” (So the GOP seems to be leaning towards perhaps eliminating some petitions, such as brother/sister petitions, and making more employment – based visas available).
The GOP’s principles also hint at a possible “Dream Act” type of process for people who were brought to the US at a young age. They note that children should not “be punished for the mistakes of their parents.” Therefore, they propose to provide “an opportunity for legal residence and citizenship for those who were brought to this country as children through no fault of their own.” (Please note that, at present, while DACA is available for such young people, it is not a “law.” Instead, it is an “executive action” by the president. The GOP’s principles would consider making it into a law.)
For other people who are out of status, there will be “no special path to citizenship,” as would be the case for young people. But the GOP wants these people “to come forward and get right with the law.” Then, “these persons could live legally and without fear in the US, but only if they were willing to admit their culpability, pass rigorous background checks, pay significant fines and back taxes, develop proficiency in English and American civics, and be able to support themselves and their families (without access to public benefits).”
This proposal is encouraging, in that the GOP is at least willing to consider allowing people who are out of status to have a chance to live and work in the US. In the past, the GOP wanted “enforcement only” provisions and wanted these people to “self-deport.”
Many Democrats are encouraged by the GOP’s principles and believe there is room to compromise and have a middle ground. This is because, in the past, the GOP was not willing to consider any kind of proposal that would allow people who are out of status to remain in the country.
Again, this is only a proposal; it is not yet law. So there is nothing to sign up or apply for now. But it is encouraging, because at least the GOP is now willing to consider Dream Act type legislation for young people, as well as allowing others to live and work in the US. We will continue to keep you advised and updated on developments in immigration reform.
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Michael J. Gurfinkel is licensed, and an active member of the State Bar of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different. The information contained herein including testimonials, “Success Stories,” endorsements and re-enactments) is of a general nature, and is not intended to apply to any particular case, and does not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
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