Bills, Rules & Politics

[qesehmk]

the other difference I see is that these EO's and revocations, new bill(s) - have ALL come right away on day 1 unlike during BO.

Obama had it very rough. The 2008 crisis was in full swing. If you were here in US we were talking about future of capitalism as we know it. The whole banking system was going down. So immigration at that time was not a priority at all.

[usvisas]

Obama had it very rough. The 2008 crisis was in full swing. If you were here in US we were talking about future of capitalism as we know it. The whole banking system was going down. So immigration at that time was not a priority at all.

True that. But this time too there's the pandemic and economy that only wallstreet-wise looks very rosy. it doesn't show as the big boys still continue to mint...

[qesehmk]

True that. But this time too there's the pandemic and economy that only wallstreet-wise looks very rosy. it doesn't show as the big boys still continue to mint...

The difference is the damage is done and assessed by now vs in 2008 the crisis was being born as Obama was being sworn in.

Also as it relates to immigration the situation was opposite, in 2008 immigration was not as acute problem from immigrants POV as it is today.

[mcmilers]

https://www.cnn.com/2021/01/21/polit...law/index.html

He is getting right to work. I totally agree here. Alein is a very denigrating word.

[idliman]

President Biden Sends Immigration Bill to Congress as Part of His Commitment to Modernize our Immigration System

The U.S. Citizenship Act of 2021 establishes a new system to responsibly manage and secure our border, keep our families and communities safe, and better manage migration across the Hemisphere

President Biden is sending a bill to Congress on day one to restore humanity and American values to our immigration system. The bill provides hardworking people who enrich our communities every day and who have lived here for years, in some cases for decades, an opportunity to earn citizenship. The legislation modernizes our immigration system, and prioritizes keeping families together, growing our economy, responsibly managing the border with smart investments, addressing the root causes of migration from Central America, and ensuring that the United States remains a refuge for those fleeing persecution. The bill will stimulate our economy while ensuring that every worker is protected. The bill creates an earned path to citizenship for our immigrant neighbors, colleagues, parishioners, community leaders, friends, and loved ones?including Dreamers and the essential workers who have risked their lives to serve and protect American communities.

The U.S. Citizenship Act will:

PROVIDE PATHWAYS TO CITIZENSHIP & STRENGTHEN LABOR PROTECTIONS

• Create an earned roadmap to citizenship for undocumented individuals. The bill allows undocumented individuals to apply for temporary legal status, with the ability to apply for green cards after five years if they pass criminal and national security background checks and pay their taxes. Dreamers, TPS holders, and immigrant farmworkers who meet specific requirements are eligible for green cards immediately under the legislation. After three years, all green card holders who pass additional background checks and demonstrate knowledge of English and U.S. civics can apply to become citizens. Applicants must be physically present in the United States on or before January 1, 2021. The Secretary of the Department of Homeland Security (DHS) may waive the presence requirement for those deported on or after January 20, 2017 who were physically present for at least three years prior to removal for family unity and other humanitarian purposes. Lastly, the bill further recognizes America as a nation of immigrants by changing the word ?alien? to ?noncitizen? in our immigration laws.
  
• Keep families together. The bill reforms the family-based immigration system by clearing backlogs, recapturing unused visas, eliminating lengthy wait times, and increasing per-country visa caps. It also eliminates the so-called ?3 and 10-year bars,? and other provisions that keep families apart. The bill further supports familes by more explicitly including permanent partnerships and eliminating discrimination facing LGBTQ+ families. It also provides protections for orphans, widows, children, and Filipino veterans who fought alongside the United States in World War II. Lastly, the bill allows immigrants with approved family-sponsorship petitions to join family in the United States on a temporary basis while they wait for green cards to become available.
  
• Embrace diversity. The bill includes the NO BAN Act that prohibits discrimination based on religion and limits presidential authority to issue future bans. The bill also increases Diversity Visas to 80,000 from 55,000. Promote immigrant and refugee integration and citizenship. The bill provides new funding to state and local governments, private organizations, educational institutions, community-based organizations, and not-for-profit organizations to expand programs to promote integration and inclusion, increase English-language instruction, and provide assistance to individuals seeking to become citizens.
  
• Grow our economy. This bill clears employment-based visa backlogs, recaptures unused visas, reduces lengthy wait times, and eliminates per-country visa caps. The bill makes it easier for graduates of U.S. universities with advanced STEM degrees to stay in the United States; improves access to green cards for workers in lower-wage sectors; and eliminates other unnecessary hurdles for employment-based green cards. The bill provides dependents of H-1B visa holders work authorization, and children are prevented from ?aging out? of the system. The bill also creates a pilot program to stimulate regional economic development, gives DHS the authority to adjust green cards based on macroeconomic conditions, and incentivizes higher wages for non-immigrant, high-skilled visas to prevent unfair competition with American workers.
  
• Protect workers from exploitation and improve the employment verification process. The bill requires that DHS and the Department of Labor establish a commission involving labor, employer, and civil rights organizations to make recommendations for improving the employment verification process. Workers who suffer serious labor violations and cooperate with worker protection agencies will be granted greater access to U visa relief. The bill protects workers who are victims of workplace retaliation from deportation in order to allow labor agencies to interview these workers. It also protects migrant and seasonal workers, and increases penalties for employers who violate labor laws.

PRIORITIZE SMART BORDER CONTROLS

• Supplement existing border resources with technology and infrastructure. The legislation builds on record budget allocations for immigration enforcement by authorizing additional funding for the Secretary of DHS to develop and implement a plan to deploy technology to expedite screening and enhance the ability to identify narcotics and other contraband at every land, air, and sea port of entry. This includes high-throughput scanning technologies to ensure that all commercial and passenger vehicles and freight rail traffic entering the United States at land ports of entry and rail-border crossings along the border undergo pre-primary scanning. It also authorizes and provides funding for plans to improve infrastructure at ports of entry to enhance the ability to process asylum seekers and detect, interdict, disrupt and prevent narcotics from entering the United States. It authorizes the DHS Secretary to develop and implement a strategy to manage and secure the southern border between ports of entry that focuses on flexible solutions and technologies that expand the ability to detect illicit activity, evaluate the effectiveness of border security operations, and be easily relocated and broken out by Border Patrol Sector. To protect privacy, the DHS Inspector General is authorized to conduct oversight to ensure that employed technology effectively serves legitimate agency purposes.
  
• Manage the border and protect border communities. The bill provides funding for training and continuing education to promote agent and officer safety and professionalism. It also creates a Border Community Stakeholder Advisory Committee, provides more special agents at the DHS Office of Professional Responsibility to investigate criminal and administrative misconduct, and requires the issuance of department-wide policies governing the use of force. The bill directs the Government Accountability Office (GAO) to study the impact of DHS?s authority to waive environmental and state and federal laws to expedite the construction of barriers and roads near U.S. borders and provides for additional rescue beacons to prevent needless deaths along the border. The bill authorizes and provides funding for DHS, in coordination with the Department of Health and Human Services (HHS) and nongovernmental experts, to develop guidelines and protocols for standards of care for individuals, families, and children in CBP custody.
  
• Crack down on criminal organizations. The bill enhances the ability to prosecute individuals involved in smuggling and trafficking networks who are responsible for the exploitation of migrants. It also expands investigations, intelligence collection and analysis pursuant to the Foreign Narcotics Kingpin Designation Act to increase sanctions against foreign narcotics traffickers, their organizations and networks. The bill also requires the Federal Bureau of Investigation (FBI), Drug Enforcement Agency (DEA) and DHS, in coordination with the Secretary of State, to improve and expand transnational anti-gang task forces in Central America.
  Post 1 of 2

[idliman]

ADDRESS ROOT CAUSES OF MIGRATION

• Start from the source. The bill codifies and funds the President?s $4 billion four-year inter-agency plan to address the underlying causes of migration in the region, including by increasing assistance to El Salvador, Guatemala, and Honduras, conditioned on their ability to reduce the endemic corruption, violence, and poverty that causes people to flee their home countries. It also creates safe and legal channels for people to seek protection, including by establishing Designated Processing Centers throughout Central America to register and process displaced persons for refugee resettlement and other lawful migration avenues?either to the United States or other partner countries. The bill also re-institutes the Central American Minors program to reunite children with U.S. relatives and creates a Central American Family Reunification Parole Program to more quickly unite families with approved family sponsorship petitions.
  
• Improve the immigration courts and protect vulnerable individuals. The bill expands family case management programs, reduces immigration court backlogs, expands training for immigration judges, and improves technology for immigration courts. The bill also restores fairness and balance to our immigration system by providing judges and adjudicators with discretion to review cases and grant relief to deserving individuals. Funding is authorized for legal orientation programs and counsel for children, vulnerable individuals, and others when necessary to ensure the fair and efficient resolution of their claims. The bill also provides funding for school districts educating unaccompanied children, while clarifying sponsor responsibilities for such children.
  
• Support asylum seekers and other vulnerable populations. The bill eliminates the one-year deadline for filing asylum claims and provides funding to reduce asylum application backlogs. It also increases protections for U visa, T visa, and VAWA applicants, including by raising the cap on U visas from 10,000 to 30,000. The bill also expands protections for foreign nationals assisting U.S. troops.

Post 2 of 2

[idliman]

Well there is wording above in Pres. JB's proposal that states FB-"increasing per-country visa caps" and EB-"eliminates per-country visa caps". This will be a major part of any immigration policy of this JB admin. This is a good start.

[vsivarama]

Well there is wording above in Pres. JB's proposal that states FB-"increasing per-country visa caps" and EB-"eliminates per-country visa caps". This will be a major part of any immigration policy of this JB admin. This is a good start.

Realistically speaking, this bill is dead on arrival with the very slight Democrat lead in the senate. The best bet is to break it down to pieces and pass the ones for which there is broader support which D's do not want. They would rather hold legal immigrants hostage to reach their end goal. Let's see if it is any different this time around.

[qesehmk]

https://www.cnn.com/2021/01/21/polit...law/index.html

He is getting right to work. I totally agree here. Alein is a very denigrating word.

Beautiful. Just goes to show how empathetic this president is.

[qesehmk]

Realistically speaking, this bill is dead on arrival with the very slight Democrat lead in the senate. The best bet is to break it down to pieces and pass the ones for which there is broader support which D's do not want. They would rather hold legal immigrants hostage to reach their end goal. Let's see if it is any different this time around.

I am sorry how is this dead on arrival? There is no filibuster anymore. Dems control the house and senate. So if they want it they can pass. It's just a matter of priorities and of course Biden being biden would rather have a few republicans along with rather than steamroll this.

I think this has fair chance. Just a question of how much democrats want to compromise. That's it.

p.s. - Rocket corrected me. Actually filibuster is still in effect for regular bills. So yes this will not be easy by any means.

[rocketfast]

I am sorry how is this dead on arrival? There is no filibuster anymore.

That is not true, Q. They have filibuster for regular bills. Only few things like budget, cabinet and court appointments don't need 60 votes. There is talk to end filibuster for everything, but that IMO is a nuclear option as Dems will likely lose senate without adding new states and then it is just Republican dominance once they get 50 seats.

[qesehmk]

That is not true, Q. They have filibuster for regular bills. Only few things like budget, cabinet and court appointments don't need 60 votes. There is talk to end filibuster for everything, but that IMO is a nuclear option as Dems will likely lose senate without adding new states and then it is just Republican dominance once they get 50 seats.

Thanks Rocket. I stand corrected and apologize to vsivarama!

Yes indeed it will be very tough to find 10 GOP senators to break filibuster and thus the bill has very tough path unless there is some give and take. Not impossible if they push for this early on.

[vsivarama]

That is not true, Q. They have filibuster for regular bills. Only few things like budget, cabinet and court appointments don't need 60 votes. There is talk to end filibuster for everything, but that IMO is a nuclear option as Dems will likely lose senate without adding new states and then it is just Republican dominance once they get 50 seats.

That's right. Ending filibuster could come back to bite the democrats unless they are prepared to take it all the way and provide statehood to Puerto Rico and DC to balance out the scales somewhat. Harry Reid nuked the filibuster when it came to the courts. We all know where it landed us with Supreme Court and other justices.

[nbk1976]

That's right. Ending filibuster could come back to bite the democrats unless they are prepared to take it all the way and provide statehood to Puerto Rico and DC to balance out the scales somewhat. Harry Reid nuked the filibuster when it came to the courts. We all know where it landed us with Supreme Court and other justices.

Harry Reid did not get rid of the filibuster for Supreme Court vacancies. It was the GOP that did that.

https://www.usatoday.com/story/news/...es/3573369001/

[Zenzone]

That's right. Ending filibuster could come back to bite the democrats unless they are prepared to take it all the way and provide statehood to Puerto Rico and DC to balance out the scales somewhat. Harry Reid nuked the filibuster when it came to the courts. We all know where it landed us with Supreme Court and other justices.

Well if Dems don't remove it for every other bill type that remains under the filibuster rule, I feel that the next GOP trifecta (if it happens) will certainly attempt to do it regardless. Just like how they went for the jugular for judge nominations under DT. It can only serve Dems to rip the band aid off right now and inflict max. leverage out of it to push their legislative agenda, and yes statehood to DC and PR as well as SC packing should all be on the table if they want to blunt any future effects of a possible GOP trifecta.

[Zenzone]

I am sorry how is this dead on arrival? There is no filibuster anymore. Dems control the house and senate. So if they want it they can pass. It's just a matter of priorities and of course Biden being biden would rather have a few republicans along with rather than steamroll this.

I think this has fair chance. Just a question of how much democrats want to compromise. That's it.

p.s. - Rocket corrected me. Actually filibuster is still in effect for regular bills. So yes this will not be easy by any means.

My money is on filibuster coming to a complete end imminently.

[vsivarama]

Harry Reid did not get rid of the filibuster for Supreme Court vacancies. It was the GOP that did that.

https://www.usatoday.com/story/news/...es/3573369001/

Harry Reid did not get rid of filibuster for SC, but he did so for judicial nominees in general. I never mentioned SC in my statement. Once the cat is out of the bag you cannot hide it. A lot of these procedural things work on precedent (including a lot of court judgements). Once you set a precedent, it can be used as an argument/precedent for any future judgements. So always be careful what you wish for. A lot of Republicans were ok with Dictator Trump. But you know what, once the precedent is set it's hard to undo. Dictators are toppled all the time and very soon we could have dictator Sanders. I am just giving an example here to make a point (I am ok with President xyz but not with dictator xyz). That's the only reason all of the republican senators did not go along with stop the steal nonsense as it can as easily be orchestrated by Democrats in the future. They made sure the majority (of house and senate) would recognize Biden and the rest is theatre. Same was the case with obamacare, when Obama was president they would vote for repealing obamacare and send it to his desk as they knew Obama would veto it. That did not happen once when DT was president. They voted knowing Sen McCain would stop it and repeal legislation would not reach DT.

[idliman]

Well if Dems don't remove it for every other bill type that remains under the filibuster rule, I feel that the next GOP trifecta (if it happens) will certainly attempt to do it regardless. Just like how they went for the jugular for judge nominations under DT. It can only serve Dems to rip the band aid off right now and inflict max. leverage out of it to push their legislative agenda, and yes statehood to DC and PR as well as SC packing should all be on the table if they want to blunt any future effects of a possible GOP trifecta.

The only way anything immigration is going to be passed is via removing filibuster. As I expected, there is an article in NBC today, which quoted an aide saying they will not get the support of even 1 Republican senator. I agree that if Democrats get rid of the filibuster, they might do everything in one shot. Packing the court, passing CIR, Statehood for PR and DC.

Even if all 50 Democrats unite, finding 10 Republicans for the bill would be a daunting task.

"I don't think I can even count to one," said a senior GOP aide who wasn't authorized to speak about the plan's prospects, arguing that the path to citizenship is "an issue" for Republicans.

The aide suggested that Biden's plan was an attempt to placate progressives, not a "take it or leave it" product. Adding border provisions could help, but it may not be enough, the aide said.

Sadly I agree that everything revolves around the number game and vote bank politics. All we can hope for is administrative relief via executive actions and hope that the agencies process the paperwork without wasting visas.

[qesehmk]

if Democrats get rid of the filibuster, they might do everything in one shot. Packing the court, passing CIR, Statehood for PR and DC.

exactly my sentiment. And I would add trifurcation of California too.

[usvisas]

The difference is the damage is done and assessed by now vs in 2008 the crisis was being born as Obama was being sworn in.

Also as it relates to immigration the situation was opposite, in 2008 immigration was not as acute problem from immigrants POV as it is today.

that is true too!

[vsivarama]

I agree that if Democrats get rid of the filibuster, they might do everything in one shot. Packing the court, passing CIR, Statehood for PR and DC.

This is a double edged sword. If Democrats gave statehood to PR and DC by nuking the filibuster, the next time GOP has the senate there is nothing stopping it from creating more states. They could divide Texas into 5 states. If you think it's ridiculous, then think again. In the 1880's the Republicans divided the Dakotas territory into two states on purpose. You can try and pack the courts too. Say increase the number of chief Justices to 15 and get 6 in during Biden's term. Guess what when republicans gain control of senate and have a republican president in charge they can expand the bench to 25.

[alpha0]

This is a double edged sword. If Democrats gave statehood to PR and DC by nuking the filibuster, the next time GOP has the senate there is nothing stopping it from creating more states. They could divide Texas into 5 states. If you think it's ridiculous, then think again. In the 1880's the Republicans divided the Dakotas territory into two states on purpose. You can try and pack the courts too. Say increase the number of chief Justices to 15 and get 6 in during Biden's term. Guess what when republicans gain control of senate and have a republican president in charge they can expand the bench to 25.

Even republicans did not eliminate filibuster in DJT's first two years when they had control of house.

I wish Biden adds some solid protections for Americans in immigration reform like company can not have more than 50% (or some %) H1Bs without any bs exception like dont count h1b if gc process is started. That will force companies to train Americans and hire them When DJT cracked the whip, WITCH companies created centers in US and started training and hiring americans.

Also modifying lottery to use soc code/area+ wage levels is a good idea and he should try to add those in h1b reforms.

[AceMan]

Even republicans did not eliminate filibuster in DJT's first two years when they had control of house.

I wish Biden adds some solid protections for Americans in immigration reform like company can not have more than 50% (or some %) H1Bs without any bs exception like dont count h1b if gc process is started. That will force companies to train Americans and hire them When DJT cracked the whip, WITCH companies created centers in US and started training and hiring americans.

Also modifying lottery to use soc code/area+ wage levels is a good idea and he should try to add those in h1b reforms.

We need to grow up beyond the basic needs like dotting the i's and crossing the t's. Stop treating H1 as non-immigrant visas, encompass every requirement for documentation (PERM,140,485) from 4th year of the H1B. Any body who has completed 6 years in H1B should be given the direct GC. Two years from that date should be the route to an USC, and not a GC and 5 years. Similar thing with L1, start the process after the first 3 years.
Same for college students, once they complete their 3 year OPT issue the GC.

8 years direct is what an undocumented person is offered for their citizenship. 8 years direct is what a legal person should be offered too. Nothing more, nothing less.

[Zenzone]

Even republicans did not eliminate filibuster in DJT's first two years when they had control of house.

I wish Biden adds some solid protections for Americans in immigration reform like company can not have more than 50% (or some %) H1Bs without any bs exception like dont count h1b if gc process is started. That will force companies to train Americans and hire them When DJT cracked the whip, WITCH companies created centers in US and started training and hiring americans.

Also modifying lottery to use soc code/area+ wage levels is a good idea and he should try to add those in h1b reforms.

All those are valid but they need to be done in tandem while providing folks the much awaited and needed benefits.

[alpha0]

We need to grow up beyond the basic needs like dotting the i's and crossing the t's. Stop treating H1 as non-immigrant visas, encompass every requirement for documentation (PERM,140,485) from 4th year of the H1B. Any body who has completed 6 years in H1B should be given the direct GC. Two years from that date should be the route to an USC, and not a GC and 5 years. Similar thing with L1, start the process after the first 3 years.
Same for college students, once they complete their 3 year OPT issue the GC.

8 years direct is what an undocumented person is offered for their citizenship. 8 years direct is what a legal person should be offered too. Nothing more, nothing less.

I agree with UK type system where visa belongs to individual and not company and you can apply for PR after certain no of years. But think about lawyers here who have made fortunes in filling h1b / GC forms and will block any effort which will kill their revenue stream.