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G.O.P. Files Their Immigration Reform Bill “Dignity Act”

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On February 18, 2021, more than a month from the inauguration of President-elect Biden, the U.S. Citizenship Act was introduced before the 117th Congress that proposes to establish a path to citizenship for certain undocumented individuals. More than 11 million unauthorized immigrants were hopeful and felt that finally an opportunity to legalize was on the horizon. But this bill remained at the Sub-Committee on Citizenship and Immigration without any positive development. There were attempts by Democrats to include provisions in the budget reconciliation package last year, but all were rejected by the Senate parliamentarian, and the overall plan remains in flux.

Fast forward to February 8, 2022, a freshman Republican Rep. Maria Elvira Salazar (R-Fla) introduced before the House the Dignity Act – an immigration bill that would allow millions of undocumented immigrants to receive legal protections and eventually a possible path to citizenship. Under this Act, undocumented immigrants who have lived in the U.S. for at least five years would be allowed to work legally while paying $1,000 annually into a new fund supporting job training for American workers.

After 10 years, the immigrants would be eligible for a 5-year “redemption program” requiring civics education and community service, and could be considered eligible for citizenship through existing procedures for naturalization. The DREAMERs and those in Temporary Protected Status will be able to adjust status to lawful permanent residency under this proposed bill.

While this may benefit unauthorized immigrants, there are controversial provisions that are included in the Dignity Act – it has tough enforcement provisions in terms of increasing border security. It includes making E-verify mandatory, ramping up the use of border protection technologies, hiring more personnel and restarting the construction of physical border barriers.

Interesting to note is that no Democrat had signed into this proposed legislation. It could be a starting point to open dialogue on these immigration issues again but with the controversial provisions, it may be facing opposition from the other party. Let’s see where this Dignity Act is headed, and hopefully, it is not just a political maneuvering but a good faith attempt to reach the much awaited immigration reform.

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Will an undocumented person be ‘hassled’ on exit if he wants to leave US?

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There is never a day, since post-election 2016, that “immigration” is not mentioned in the daily news. Whether fear is created by uncertainty in the upcoming Trump administration or outright desperation resulting from the absence of an immigration reform law, a significant number whose status had expired have voluntarily departed for their homelands.

An immigrant from the San Francisco Bay Area sent me a letter regarding his friend who has been undocumented and who wants to leave the US:

Dear Atty. Lou:

A person was unfortunate in failing to obtain legal status through an employment petition is now tired of his staying here in the U.S. as an undocumented alien; so he has strongly decided to go home for good. He entered the U.S. as a visitor sometime in year 2000 and is now holding a valid passport in his name.

My questions are:
(1) What are the things he needs to do before or during his exit?
(2) Aside from his valid/unexpired Philippine passport in his name and a one-way plane ticket, are there any other documents he needs to prepare and have at hand to avoid hassle upon exit?
(3) Will he encounter problems/interrogations on his exit if he uses his current valid passport with no visa page?

Those who want to travel back to the Philippines after having made a firm decision to return home after several years of fruitless waiting for an opportunity to legalize, may do so with a valid unexpired Philippine passport. In some circumstances, an undocumented person may be issued a Philippine travel document by a Philippine Consulate General’s Office nearest his place of residence. This happens in cases of emergencies or when the individual is being removed from the country by the Department of Homeland Security. If there is still time to get a Philippine passport, it will still be appropriate to request for one and use it for traveling.

Generally, there is no need to inform the U.S. Citizenship and Immigration Services about the intended trip back to the homeland. The only time the USCIS should be notified is if the individual is availing of a voluntary departure relief in immigration court and has plans of returning to the US at a future time. Otherwise, there is no need to go through USCIS. Just go straight to the airport with the passport and one-way airline ticket.

The more serious concern is whether there will be trouble that may be encountered at the airport with the federal agents. My most common response to this is that there should be no problem because USCIS wants you to leave anyway as you have been in unlawful status and the federal agents will not stop you from doing so. However, there are times that a departing individual will be stopped from traveling at the airport. This happens when the individual is the subject of a pending investigation for a probable criminal offense, is a fugitive from justice or has a validly issued warrant of arrest.

For those who decide to depart but still have future plans of one day returning to the US, it is best to explore their options and not close all the doors to their possible return. Who knows, it may be different after four years.

(Atty. Lourdes S. Tancinco is a San Francisco CA based immigration attorney and may be reached at law@tancinco.com, tancinco.weareph.com/old , facebook/tancincolaw, or at 1 888 930 0808 or at 1 415 397 0808)

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Immigration reformers eye Gang of 8 revival

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Politico reports that several members of the Gang of Eight, the bipartisan group of senators that shepherded a comprehensive immigration reform bill through the Senate in 2013 only to watch it stall in the House a year later, are ready to try again. Several influential lawmakers, including Gang of Eight leader Senator Chuck Schumer (D-NY), see another opening for immigration reform in 2017, especially in light of the upcoming presidential and congressional elections and the U.S. Supreme Court’s deadlock in United States v. Texas. (source)