Moratorium On Deportations & Family Unity Must Be Center To Any Reform

By Cinthya Muñoz, May 5, 2013

soymigranteOver the last couple of months CJJC has joined millions of people across the country who have taken to the streets to demand a Just Immigration Reform and an End to the Deportations as a first step to get there.

Deportations are at an all time high with over two million people deported since President Obama took office, collaboration between ICE and local police continues to be challenged by localities and workers everywhere are continuing to fight to demand their rights and dignity to be respected. The fight for a Just reform has just begun.

The Border Security, Economic Opportunity and Immigration Modernization Act or S.744 while it has some promising provisions, like potential legalization of the over 12 million undocumented immigrants, it also includes some provisions that change immigration policy drastically and continue to grow the militarization of the border, internal enforcement and make more room for the ongoing violation of our rights, marginalizing our communities further.

Major points in the reform bill

–It creates a provisional immigrant status for those who entered the United States before 12/31/2011 and meet certain requirements such as: must pass a background check, have not been convicted of a serious crime, Pay taxes, Pay a $500 fine, provide evidence of having been: 1) regularly employed while meeting a requirement that he/she is not likely to become a public charge or 2) having resources to demonstrate 100% of the poverty level. Those who qualify will be able to get work authorization, travel outside the United States.

–Several grounds of immigration law that are currently punitive are not applicable or may be waived.

–Gives opportunities for those that have been ordered removed or have been deported to be included.

–A 5-year instead of 10-year provisional status for Dream Act students.

–It also creates a new W visa for agriculture workers and an expansion of u visas to immigrants who have suffered from abuses at the work place.

–At the end of ten years, RPIs may apply for adjustment of status, provided that they meet certain requirements such as pay an additional $1000 fine per adult plus application fees, learn English, pay their taxes, pass a background check and demonstrate compliance with the employment requirement. Specifically, they must show: 1) they have regularly worked in the U.S. such that they are not likely to become a public charge

ALthough there are some positives components of the current bill, there are much more negative aspects that will dramatically affect our communities.  And we will need to step up our efforts to change these sections:
Some of the negative aspects are:
    1.    The bill eliminates the option of United State Citizens immigrating their brothers and sisters
    2.    Eliminates a United States Citizen parent from petitioning their child who is above the age of 31 and married.
    3.    Families from the LBGTIQ community are not included
    4.    Makes E-Verify mandatory for all employers
    5.    Includes 2-border security triggers that must be met before anyone may be granted provisional status and before they can apply for their green card.
    6.    It bars anyone convicted of any felony and aggravated felony from being included in the reform.
    7.    The bill allocates an additional $3 billion for agents and surveillance, and $1.5 billion for fencing.
    8.    3,500 additional agents will be assigned, and agents currently at the Northern border can be deployed to the Southern border. The National Guard can also be deployed to the border. CBP will be required to deploy additional mobile, video, and agent-portable surveillance systems and unmanned aerial vehicles, which must be operated along the Southern border in a manner to achieve constant surveillance. DHS must construct additional CBP stations in high trafficked, rural areas.

Operation Streamline, which enables DHS to pursue federal criminal prosecutions of recent border crossers, will be receive $50 million per year of increased funding, which will triple the number of prosecutions in the Tucson sector. Maximum criminal sentences for illegal entry and reentry will be greatly expanded. Operation Stonegarden, which provides grants to local law enforcement agencies along the Southern border for costs related to unauthorized immigration, will also receive additional funding.
    9.    Shift from family-based immigration system focused on family unity to merit-based point system. Two-track merit-based system in which Track One creates a points system whereby points are awarded based on such factors as education, employment, family in the U.S., and length of residence in the U.S.

Track Two clears out employment and family visa backlogs within 10 years and allows individuals who are lawfully present in the U.S. for at least 10 years with work authorization, including those in RPI status, to become green card holders.  

Changes to the family visa system include the reclassification of spouses and minor children of permanent residents to allow them to be immediately eligible for green cards, elimination of the category of brothers and sisters of U.S. citizens starting 18 months after enactment, and for adult married children of U.S. citizens to be subject to an age cap of 31, also starting 18 months after the law’s enactment.  Not included in the bill is a family unity provision for same-sex couples.
    10.    Interior Enforcement and Due Process Protections: The enforcement provisions include a five-year phase-in of the E-Verify electronic employment verification system which will be mandatory for all employers and the creation of a mandatory exit verification system.

The bill includes some due process protections for workers due to errors in the E-Verify system or to protect against employer misconduct. S.744 streamlines the processing of refugee and asylee cases by, among other things, eliminating the one-year asylum filing deadline and family reunification barriers for asylees and refugees.  

The bill contains new grounds for deportation:  gang affiliation and three or more DUIs.  The bill contains some improvements to the immigration courts, including access to counsel/lawyers for vulnerable groups and mandatory legal orientation programs for all detainees. It also increases oversight of detention facilities and expands the use of alternatives to detention.

As of last week, the senate has taken this bill and is amending it. As the bill moves through this amendment process, it can easily become more punitive and restrictive, there have already been attempts to do away with some of the positive aspects of the bill, it is more important than ever for us to continue to be engaged in this process.

Unfortunately the balance of power nationally is not in our favor. Immigration reform over the last two decades has moved from a debate about legalization to an enforcement only approach and much of this is reflected in the bill. Corporations have a seat at the table, corporate interests, and investment in detention and deportation as well as in the militarization of the border are clearly being considered.

Some even say these corporate interests are a huge part of why this bill has even a chance at being signed. We do not have a national vehicle that can challenge these forces and our movement over the last 5 years has only gotten a small taste at pushing back against corporate interest through the National prison divestment campaign and the campaign against S-comm. We have much work ahead and much to learn.

We must challenge the Obama administration and the democrats to fight for our interests and not those of the corporate world. We must engage our congressional representatives and demand that they fight for our interest in DC.

We have to let them know that we cannot support a bill that continues to separate families, will increase the militarization at the border and do away with the current family based for a skills-based immigration system. Our response, movement building and organization right now will set the path for the fight ahead!