News Update - May 1, 2010

By Alan Lee, Esq.^†‡

Obama Administration Gives Proposal for Comprehensive Immigration Reform

On April 29, 2010, a proposal for comprehensive immigration reform was unveiled by 6 Democratic Senators.  The proposal – entitled Real Enforcement with Practical Answers for Immigration Reform (REPAIR) – boldly seeks to transform the current immigration scheme on many fronts within the next eight years.  Specifically, REPAIR addresses border security concerns, employment verification, and legalization for the estimated 10.1 million undocumented aliens currently residing and working in the U.S.

Major points in REPAIR include: increasing the number of ICE, DEA, and CBP agents working the borders; eliminating the SBInet program and replacing it with ground sensors; establishing a biometric identification and employment verification system; introducing a new encrypted social security card; establishing a new “Lawful Protected Immigrant” status; and increasing and/or limiting the caps on certain visa categories.

This is the first concrete step forward in what is expected to be a long-drawn out debate.  Most experts do not expect immigration reform to pass this year in light of the short time for congressional action, the crowded schedule for important legislation, and the unwillingness of Republicans to move forward on the subject at this time.

† The author is a 30+ year practitioner of immigration law based in New York City. He was awarded the Sidney A. Levine prize for best legal writing at the Cleveland-Marshall College of Law in 1977 and has written extensively on immigration over the past years for the ethnic newspapers, World Journal, Sing Tao, Pakistan Calling, Muhasha and OCS. He has testified as an expert on immigration in civil court proceedings and was recognized by the Taiwan government in 1985 for his work protecting human rights. His article, "The Bush Temporary Worker Proposal and Comparative Pending Legislation: an Analysis" was Interpreter Releases' cover display article at the American Immigration Lawyers Association annual conference in 2004, and his victory in the Second Circuit Court of Appeals in a case of first impression nationwide, Firstland International v. INS, successfully challenged INS' policy of over 40 years of revoking approved immigrant visa petitions under a nebulous standard of proof. Its value as precedent, however, was short-lived as it was specifically targeted by the Administration in the Intelligence Reform Act of 2004.

‡ This article © 2010 Alan Lee, Esq.

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The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.