PRESIDENT Barrack Obama’s executive action on immigration reform announced last month will affect many communities and families, granting at least 5 million undocumented immigrants protection from deportation should they meet requirements. To the Asian American and Pacific Islander (AAPI) community, one of the most rapidly growing populations with over 17.3 million in the US, the impact is resounding.
“Unfortunately, AAPIs have had a low response to previous immigration programs [like DACA (Deferred Action for Childhood Arrivals)], due to a lack of awareness and understanding that these programs can help,” said Rep. Judy Chu of California. “We want to educate and encourage this growing community made up largely of immigrants to come out of the shadows, and we assure them of help.”
On Tuesday, Dec. 16, the White House hosted a press conference call explaining the details of Obama’s immigration accountability executive action, and the widespread impact it has on the AAPI community.
“Like many other immigrant communities, Asian Americans are impacted by every layer of our broken immigration system,” said Director of the White House Domestic Policy Council Cecilia Munoz. “They are undocumented immigrants, family members, temporary workers, refugees, asylum-seekers, lawful permanent residents, and naturalized US citizens.”
Approximately 1.3 million Asian Americans are undocumented, making up 12% of the total undocumented population living in the US. Some of the highest numbers come from heavy-populated countries like India, China, and the Philippines.
“Much of [our population’s] rapid growth is largely impacted by immigration,” said Tina Tchen, Assistant to the President and Executive Director of the White House Council on Women and Girls. “Every year thousands of immigrants from large Asian countries come to the US, and in our current system, rapid action is needed to attend to them.”
President Obama’s executive actions to fix a broken system are well within his legal authority, and around 65% of AAPI voters strongly supported it, according to a White House report. AAPI and many other immigrant communities understand how they stand to benefit from the President’s actions, which on an overall scale increase accountability, focus border enforcement and bolster security, and streamline legal immigration to boost the economy and promote naturalization.
The President plans to extend the deferred action program for parents of legal citizens and lawful permanent residents, expand the DACA program, and better streamline the visa and green card process. Under the executive move, eligible immigrants who have lived in the US for at least five years and meet other background requirements can apply for deferred action, and they will not be deported for up to three years. Expanding DACA will also include individuals who entered the States by January 2010, and eliminate the age cap.
The expansion of both these programs will assist AAPIs and families who have been unable to access immigration options legally because of barriers in the current system.
In addition, the Department of Homeland Security will provide more flexible work authorizations for high-skilled foreign workers awaiting green cards, as well as their spouses.
Many of these employment-based immigrants are later sponsored by their proprietors for a green card; however, they have waited years for immigrant visas to become available, making it limited for them and their spouses to change jobs or accept a promotion. The Obama administration hopes to better streamline the process and remove limitations, making it easier for outstanding foreign employees to obtain their job-based visa or green card.
Many young AAPIs also come to the US to pursue an advanced education and acquire lifelong career skills. The Department of Homeland Security also proposed changes to expand and strengthen the Optional Practical Training (OPT) program allowing students to receive the skills needed to further their education. For aspiring business entrepreneurs, a immigration reform bill would also create a new visa program and provide financing for entrepreneurs to start and grow their businesses in the US.
Family-based immigration is also a common pathway to the US for AAPI immigrants. Last year, nearly 221,000 Asian immigrants became green card holders through petitions filed by their US citizen or legal resident family members.
As of November 2014, there are approximately 1.8 million Asian family-based immigrant visa applicants waiting to join with their relatives. However, the visa process is backlogged, separating families for years and even decades. For instance, immigrant visa applicants born in the Philippines must wait up to 23 years, depending on their visa category.
By eliminating the backlog of visas, Obama’s executive action aims to reunite and bring families together faster. A bill would also exempt spouses and unmarried children of legal residents from annual limitations on family-sponsored green cards, treating them like spouses and children of US citizens.
The Philippines concedes a growing number of immigrants each year, many who arrive through DACA requests and work authorization programs like H-1B visas.
Obama’s plan for comprehensive immigration reform would also increase the number of available H-1B visas by raising the baseline cap, from 65,000 visas to 115,000 visas per year. By refining the H-1B program, worker mobility in the US for employees and their spouses will greatly improve. Both can receive better authorization to change jobs and improve their skills.
Finally, under the President’s executive authority, a new White House task force for new Americans is also proposed, to help new immigrants better assimilate into American life.
Around 375,000 AAPIs can expect to benefit from the Obama’s executive action.
“This is a historic moment for all AAPI and immigrant communities,” said Rep. Judy Chu in a press conference call. “These actions acknowledge what we all know—our country has no interest in spending more money to export and separate families.”
However, there is an urgent call for Congress to act, to make immigration reform more permanent.
A bipartisan bill proposed by the Senate would include many pieces to improve the system, providing a lengthy but fairer path for eligible immigrants to earn citizenship, and bringing undocumented members of the AAPI community living in fear at last out of the shadows.
“These executive actions are just one step towards fixing our broken system. We still need Congress to make these reforms permanent and to pass comprehensive immigration reform, and make sure our visa system is as strong and as flexible as our families require,” said Cecilia Munoz.
“Executive action benefits ALL of America, who depends on the contributions of immigrants,” added Rep. Chu. “This is just the beginning, the first step. We cannot fix the problem unless we have a comprehensive immigration reform and H-1B program bill, to make relief permanent and allow everyone access to the American dream.”
(With reports from White House AAPI, Office of the Press Secretary)
(www.asianjournal.com)
(LA Midweek December 17-19, 2014 Sec. A pg.1)