Month: August 2013

There is no exact number on how many of the estimated 11 million are undocumented Filipinos.  Perhaps, we will never know; not until a legalization law is enacted. There are positive factors that will justify the passage of an immigration reform. A recent poll shows that 74 percent of registered voters favor legalization and eventual U.S. citizenship. The Congressional Budget Office (CBO) released it findings that the Senate bill, S. 744, will grow the United States economy and reduce the federal deficit by $158 billion over the next 10 years and $685 billion more over the following decade.

The members of the U.S. House of Representatives will go on leave for the Congressional summer recess beginning this month of August. While the Senate passed their version of the comprehensive immigration reform bill (Senate Bill S.744) during the last week of June, the immigrant community may be wondering whether this bill was dead on arrival at the House of Representatives. A companion bill to S.744 is yet to be introduced. Will the 11 million undocumented waiting for an opportunity to obtain proper legal status be given a chance?  

Undocumented Immigrants In Limbo

“Lucia” is one of the undocumented Filipinos who, most probably, will benefit from the legalization program of an immigration reform law. She arrived in the United States when she was 8years old and was educated in U.S. schools. Lucia now works as a special education teacher at her local district school. She has been teaching as a special education teacher to children with disabilities. Lucia has no legal documents. She has an expired employment authorization.

After several years of working without proper legal documents, Lucia applied for immigrant visas elsewhere where she will be able to use her skills without fear of being deported or removed. She was accepted for immigration in Australia and will begin her journey “Down Under” before end of this year if no immigration reform will be passed. Her family still resides in the United States and she still prefers to live and work in the United States except that lack of legal status makes her vulnerable to removal anytime. Just like the rest of the millions undocumented immigrants, Lucia doubts whether a comprehensive immigration reform will ever be passed into law before the U.S. 113th Congress.

Status Update

It may be recalled that after President Obama was elected as President, the advocacy for the passage of a comprehensive immigration reform gained strong momentum. The U.S. Senate passed a bi-partisan comprehensive immigration bill in June 2013 with the hope that the House of Representatives would come up with its own version of the immigration reform.

After the passage of the Senate Bill, most of those who would prospectively benefit from the immigration reform were elated. There was a legalization component contained in this bill together with some restrictions. Among the provisions in proposed bill are stringent eligibility criteria for someone to qualify for Registered Provisional Immigrant status. Those who register will have to wait at least ten years before being able to apply for green cards and cannot do so before everyone in the current visa backlogs receives their green cards. Among the toughest legalization plans ever proposed, the Senate bill would exclude anyone who poses a threat to our communities or to national security.

So far no comparative immigration reform bill with a legalization component ever came out of the House. Majority Leader Eric Cantor and Judiciary Chairman Bob Goodlatte have announced intentions of introducing a bill similar to the DREAM Act for the undocumented young immigrants but not broad legalization for all undocumented groups.

Another House bill that came out short of a comprehensive immigration reform is the H.R.1417 or the Border Security Results Act. This is one of the piecemeal legislation that the House Republicans passed out of the Homeland Security Committee. The proposal is to commit more resources on border security but did not address the concerns along the border. The Border security provisions are “triggers” which means making border security measures as conditions prior to granting legal status.

Partisan Politics

Contrary to the Democrats version of an overhaul of the immigration system, many Republicans expressed their strong position that only piecemeal immigration bills will be enacted beginning with the DREAM Act. Not only are there differences between the parties. There is also an increasing division among members of the Republican party. A derogatory statement against young immigrants made by Republican Steve King was denounced by his colleagues in the Republican party.  House Speaker John Boehner made it clear that only if majority of the Republicans will support a comprehensive approach to the immigration reform will he work for its passage. All these indicates that the immigration reform bill is obviously facing an uphill battle and may die at anytime, unless the anti immigration reform legislators change their perspective of why it is important for the nation that an immigration reform law must pass.

Despite the odds, the Democrats and the pro-immigration reform remains optimistic, as they are not merely taking a recess break. Many are organizing various town hall meetings with their constituents when they go back to their districts and are inviting Republican legislators to attend. The bill is not yet dead and there is still the strong opportunity that the direction of the wind will change in favor of its passage.

(Atty. Lourdes Tancinco may be reached at law@tancinco.com or at 887 7177 or 721 1963 or visit her website at tancinco.weareph.com/old)