"So Close But Oh So Far": Immigration Reform and the Government Shutdown

January 10, 2019

It doesn't have to be this hard. It really doesn't.

There is so much that (just about) everybody agrees on:

1. Don't use a government shutdown as a crude club for negotiation, hurting people and the end objective by doing so.

2. Don't allow political symbolism to get in the way of a "good deal" which advances the Nation's interest.

3. We are not going to come up with a "forever" answer to what are the right immigration, path to citizenship and border security policies today, partly because the issues and "right answer" will change over time just as has been the case in the past. BUT we can come up with a comprehensive set of policies which bring us to a much better position than we are today and it is our responsibility to do so.

So--what to do?

1. Vote to re-open the government.

2. With the proviso that a bi-partisan group of leaders from the Senate and House will meet non-stop to craft legislation including funding to send to the President which includes provisions covering:

a. Enhanced border security including all means (e.g. personnel; technology; extended barriers) to accomplish it as justified by data and experience.
b. Giving "Dreamers" a clear path to citizenship.
c. Providing other undocumented workers who meet specific criteria (e.g. absence of criminal records) a path to securely staying in the U.S. if not to full citizenship.
d. Other enhancements to our visa and green card policies as presented in the "Border Security. Economic Opportunity and Immigration Modernization Act" which passed the Senate in April 2013 by a vote of 68-32, but was never taken up by the House. (See below).
e. Consideration of action to properly address asylum seekers who, usually as families,  constitute a much greater percentage of people seeking entry today than was the case 10 years ago. (Legislation on this portion of the agreement might require more study)

Implicit in this proposal is the belief that we are not far from reading agreement on key elements thencomprehensive immigration reform we desperately need and that we should use the current government shutdown as a lever to get to "yes".

I am greatly encouraged by our ability to do this by the agreement which was reached in 2013 by the so called "gang of eight" in the Senate.

Here is a synopsis of the legislation I referred to:

Border Security, Economic Opportunity, and Immigration Modernization Act
Great Seal of the United States
Full titleTo provide for comprehensive immigration reform and for other purposes.
Colloquial name(s)The "immigration bill"
Introduced in113th United States Congress
Introduced onApril 16, 2013
Sponsored byChuck Schumer (D-NY)
Effects and codifications
Act(s) affectedImmigration and Nationality ActSocial Security ActInternal Revenue Code of 1986Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Refugee Crisis in Iraq Act of 2007 and others.
U.S.C. section(s) affected8 U.S.C. § 11018 U.S.C. § 11848 U.S.C. § 11828 U.S.C. § 11538 U.S.C. § 1324a, and others.
Agencies affectedU.S. Securities and Exchange CommissionSocial Security AdministrationBureau of Labor StatisticsNational Science FoundationArmy National GuardUnited States Sentencing CommissionInternational Development AssociationTransportation Security AdministrationUnited States Department of JusticeOffice of the Inspector GeneralUnited States Department of AgricultureBureau of Consular AffairsGovernment Accountability OfficeUnited States House of RepresentativesUnited States Agency for International DevelopmentFederal Mediation and Conciliation Service (United States)General Services AdministrationDepartment of Homeland Security Office of Inspector GeneralInternal Revenue ServiceNational Archives and Records AdministrationFederal Aviation AdministrationBureau of Alcohol, Tobacco, Firearms and ExplosivesUnited States Forest ServiceU.S. Customs and Border ProtectionOffice of Inspector GeneralNational Park ServiceInternational Organization for MigrationLegal Services CorporationExecutive Office for Immigration ReviewUnited States Citizenship and Immigration ServicesComptroller General of the United StatesExecutive Office of the PresidentUnited States Department of Veterans AffairsU.S. Immigration and Customs EnforcementFederal Judicial CenterUnited States Department of LaborUnited States CongressFarm Service AgencyOffice of Management and BudgetDirector of National IntelligenceUnited States Department of EnergyUnited States Department of StateUnited States Department of CommerceUnder Secretary of Homeland Security for Science and TechnologyFederal Bureau of InvestigationUnited States Department of TransportationDrug Enforcement AdministrationUnited States Department of the TreasuryUnited States Department of the InteriorInternational Bank for Reconstruction and DevelopmentUnited States Department of EducationDepartment of Health and Human ServicesUnited States Department of DefenseEqual Employment Opportunity CommissionFederal Emergency Management AgencyDepartment of Homeland SecuritySmall Business AdministrationOffice of the United States Trade RepresentativeSupreme Court of the United StatesDepartment of Housing and Urban DevelopmentBureau of the CensusUnited States Senate
Authorizations of appropriationsAt least $1,970,500,000 with an additional unlimited amount
AppropriationsAt least $62,020,000,000 with an additional unlimited amount
Legislative history
The Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 (S.744) was a proposed immigration reform bill introduced by Sen. Charles Schumer (D-NY) in the United States Senate [1]and co-sponsored by the other seven members of the "Gang of Eight", a bipartisan group of U.S. Senators who wrote and negotiated the bill. It was introduced into the Senate of the 113th United States Congress on April 16, 2013.
The Senate Judiciary Committee held hearings on the bill in April 2013.[2] The bill was voted out of Committee on May 21, 2013 and was placed on the Senate calendar.[3] On June 27, 2013, the Senate passed the bill on 68-32 margin. The bill was not considered by United States House of Representatives and died in the 113th Congress.
If enacted, the bill would have made it possible for many undocumented immigrants to gain legal status and eventually citizenship. It would have increased border security by adding up to 40,000 border patrol agents. It also would have advanced talent-based immigration through a points-based immigration system. New visas had been proposed in this legislation, including a visa for entrepreneurs and a W visa for lower skilled workers.[4] It also proposed new restrictions on H1B visa program to prevent its abuse and additional visas/green-cards for students with science, technology, engineering, and mathematics (STEM) degrees from U.S. institutions. The bill also included a $1.5 billion youth jobs program and repealed the Diversity Visa Lottery in favor of prospective legal immigrants who are already in the United States.
The non-partisan Congressional Budget Office estimated this reform bill would have reduced the U.S. fiscal deficit by US$197 billion over the next ten years and by $700 billion by 2033.[5] Its report also states that, if the bill had been passed, U.S. wages would have been 0.1 percent lower in 2023 and 0.5 percent higher in 2033 than under current law.[6] The Social Security Administration said that it would help add $276 billion in revenue over the next 10 years while costing only $33 billion.[7]


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