On June 15, 2012 Secretary of Homeland Security, Janet Napolitano announced that undocumented individuals who arrived in the U.S. prior to their 16th birthday may apply for deferred action as long as all requirements are met. For a list of requirements, please refer to our previous blog post written by Jennifer Zimberg, esq. Deferred action essentially acts as a “get out of jail free card for a two-year period, providing relief from removal from the country or from entering into removal proceedings for undocumented individuals who qualify. It also provides work authorization. The question is, what happens after these two years pass?

Comprehensive Immigration Reform

On March 13, 2013, I addressed proposals made through Comprehensive Immigration Reform to create a long-term solution for the same individuals. At the time, a working draft of the 2013 proposal conveyed the possibility of granting a Lawful Prospective Immigrant status to undocumented immigrants, which would create a path to citizenship for many undocumented individuals coupled with work authorization and travel authorization. The proposal suggested a 13 year long path to citizenship. On Thursday, April 11, 2013 the bipartisan group of Senators often referred to as the “Gang of Eight hope to unveil an immigration reform bill. Although the aspects of the proposal touch on all realms of immigration law (including business immigration, travel visas, education for foreign national in the US, and attainment of green cards), a path to citizenship for the approximately 11 million undocumented immigrants in the United States receives the undivided attention as we await the disclosure of this potential legislation. The long wait for the proposal to surface is likely associated with the bipartisan nature of the bill. American history demonstrates that Republicans and Democrats do not always agree, and a major obstacle likely faced by the Gang of Eight was to reach agreements on what the immigration reform proposals should include. The Gang of Eight includes: Sen. Marco Rubio, R-Fla.; Sen. John McCain, R-Ariz.; Sen. Lindsey Graham, R-S.C.; Sen. Jeff Flake, R-Ariz.; Sen. Chuck Schumer, D-NY; Sen. Robert Menendez, D-NJ; Sen. Michael Bennet, D-Colo.; and Sen. Richard Durbin, D-Ill. Although the concrete proposal itself is not available yet, the Senators are said to have taken a modern approach to our immigration system and hope to increase opportunity for undocumented immigrants to seek permanent residency in the future.

Issues to address with immigration reform

The Gang of Eight hoped to address the following issues with their comprehensive immigration reform proposal:

  • Create a path to citizenship for unauthorized immigrants.
  • Increase border security.
  • Strengthen prohibitions against racial profiling and inappropriate use of force.
  • Create a tracking system to decrease visa overstays.
  • Create a commission along the border to regulate border security measures.
  • Improve the legal immigration system with an easier path to citizenship that will attract well-educated and bright individuals to the U.S.
  • Create a stronger system for employment verification.
  • Admit new workers into the U.S. while ensuring the protection of their rights.

Comprehensive Immigration Reform is in the works since 2005. The Gang of Eight has set out to complete a much needed change in our immigration system with the above stated issues. We hope to see this much needed change in our system soon and await the release of the final proposal on April 11, 2013. Do you have questions about your immigration status? Contact our immigration specialists or connect with us on Facebook and Twitter.