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Simplify USA Immigration Policies

The goals of any immigration policy should define what will help the USA and what can be enforced. But, today’s USA policy is so complex that it encourages illegal immigration.

Currently, there are more than 20 nonimmigrant visa types for people traveling to the United States temporarily. There are many more types of immigrant visas for those coming to live permanently in the United States. The complete refugee admission and resettlement process takes two years, and much of the resettlement process is outsourced to a number of charity organizations. The Federal government website for prospective immigrants has an entire page of tools, and links to multiple guides, for those interested:  https://www.uscis.gov/tools 

Imagine yourself as a nice 19 year old, recently finished with formal schooling, who decides that the USA is the best place to spend your adult life. Faced with the information above, wouldn’t you be tempted to just enter the USA however you could, stay and worry about all of the documentation, costs, and interviewing hurdles later? From the USA perspective, with our aging population, shouldn’t we try to screen and accommodate that nice 19 year old as quickly as possible? (See below for the true refugee situation, someone fleeing war or natural disaster.)

We must simplify the visa and immigration processes. Let’s divide the affected visitor/immigrant population into two broad groups:  those who are not in the USA, and those who are. Let’s further divide each of these groups into two subsets:
Not in the USA
Already in the USA
Can Plan Temporary or Permanent Stay
Acculturated to USA, English proficient, Could Take Citizenship Exam
Fleeing; Unable to Plan or Decide Future
Not Yet Qualified by Language, Knowledge or Other Reason to pursue naturalization

Each of the four subset groups needs to be approached differently, but I propose some common features:
  1. Reduce the number of visa categories to 4 types: travel < 30 days; temporary - 1 year visas renewable annually for a maximum of 5 years; permanent; and medical emergency. The subcategories would end. Applicant information would be obtained, analyzed and maintained to assure that those entering will not harm this country and to aid in enforcing the terms of visas granted. 
    1. Students and others here for a semester, or a summer internship, or seasonal work, would get the temporary one-year visa. 
    2. Diplomats would also qualify for the temporary, renewable visa. 
    3. Permanent visas would continue to follow the current rules for “green card” holders, but without the many subcategories described for this status.
    4. Medical emergencies would be only those that had to be treated in the USA, because the patient’s homeland cannot do the required treatment. Physicians in the patient’s homeland and USA would have to confirm and monitor the treatment and keep the US State Department informed of the patient’s progress. Parents of children needing medical care would need to qualify for temporary visas.

2.  The naturalization process remains the same, and requires proficiency in the English language.

3. Federal, state and local law enforcement would have the right and duty to enforce these simplified policies.

Fleeing; Unable to Plan or Decide Future


The phenomenon of the generations-long refugee is new since WWII and unlikely to go away.  What’s also happened in the last 70 years is the development of housing resources worldwide, and the ability to transport resources quickly worldwide.  That means that those fleeing war or natural disaster can go through a two-stage process:  first, find safety somewhere reasonably close to whatever they’re fleeing, and second, decide what they want to do longterm. Do they want to return to their homeland once conditions have improved? Do they want to become citizens in their temporary host country? Or do they want to become citizens of another country? Implementing the recommendations of the April, 2017 International Rescue Committee Refugee Compact report will help.

Already in the USA Without Current Visas


Let’s not mince words - these two subsets are here illegally.  The questions are - what have they done about that status, what are they willing to do about that status? I suggest that all such people be identified and evaluated against the standards for permanent visas. Persons unable to support themselves financially would need other family members to guarantee appropriate financial support. If they fail those standards (e.g. convicted of crimes, unaccompanied minors), then they are deported.

Those who are eligible to stay would be offered conditional amnesty toward naturalization. The conditions are that these new green cardholders must pay it forward, either by serving in the US military or AmeriCorps for at least 4 years once they turned 18 or finished high school, whichever occurs first. Deferments for college attendance would not be permitted. 

For adults unwilling to serve the USA, for those unwilling to become proficient in English yet somehow continue to reside here, they lose their rights to future Supplemental Social Security (SSI), Medicaid and other financial benefits. The goal is to encourage immigrants seeking to remain in the USA to become naturalized citizens, able to enjoy all of the rights and responsibilities that status brings.

The United Nations monitors both migration policies and a variety of migrant populations worldwide. The executive summary of its 2020 migration policy report includes this comment: “....a majority of countries grant highly skilled workers preferential treatment, subjecting them to fewer restrictions regarding admission, length of stay, conditions of employment and admission of family members than low-skilled migrants. Most Governments also allow immigration for family purposes under certain conditions and have developed policies to support family reunification for migrants, consistent with the right to family life and the principle of the best interests of the child. Globally, more than half (54 per cent) of all Governments with available data reported having policies to facilitate orderly, safe, regular and responsible migration....”

I propose no such preferential treatment for the “best and the brightest”. There are too many anecdotes of people arriving with “just the clothes on their backs” and making outstanding accomplishments that benefit many. “The best and the brightest” from other countries can and should help their own countries; they need not take any opportunities from those already here. Let them be key reasons for fulfillment of the phrase, “the rising tide lifts all boats!” For those not labelled “the best and the brightest”, skills can be taught and learned.

The Government Accounting Office (GAO) lists 92 unresolved audit recommendations about USA immigration policy dating from April, 2010. In its 2021 fiscal year budget request, the US Citizens and Immigration Services lists 14 unanswered information and action requests from Congress. The current USA immigration is not working and must be simplified.
_______
  1. https://www.uscis.gov/working-in-the-united-states/temporary-nonimmigrant-workers
  2. https://www.uscis.gov/working-in-the-united-states/permanent-workers
  3. https://www.uscis.gov/working-in-the-united-states/students-and-exchange-visitors
  4. https://www.uscis.gov/green-card/after-we-grant-your-green-card/rights-and-responsibilities-of-a-green-card-holder-permanent-resident
  5. https://www.uscis.gov/citizenship
  6. https://www.rescue.org/report/refugee-compacts
  7. https://www.americorps.gov/serve
  8. https://www.benefits.gov/categories/Immigration%20and%20Refugee%20Assistance
  9. https://www.nilc.org/wp-content/uploads/2015/11/tbl1_ovrvw-fed-pgms.pdf
  10. https://www.un.org/en/development/desa/population/publications/pdf/policy/international_migration_policies_data_booklet.pdf
  11. https://www.un.org/development/desa/pd/sites/www.un.org.development.desa.pd/files/undesa_pd_2020_international_migration_highlights.pdf
  12. https://www.gao.gov/reports-testimonies/recommendations-database?processed=1&keyword=immigration%20policy&topic=all&page=4
  13. https://www.uscis.gov/sites/default/files/document/reports/USCIS_FY_2021_Budget_Overview.pdf


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