MayReport-WEB - page 11

sive reform that does not have arbitrary
cut-off dates and application periods. The
plan would include a path to citizenship,
and would encompass non-violent crimi-
nals. Such citizenship would be available
after five years and would not impose high
penalties.
This attitude could extend to the role
of state and local governments. Instead of
punishing sanctuary cities, Sanders seeks
to build cooperation between the govern-
ment and the immigrant community by
supporting community trust policies.
For those facing deportation, he would
grant legal counsel to immigrant detain-
ees. This would be a dramatic change as
currently the Sixth Amendment right to
counsel does not extend to immigration
matters. In addition, Sanders would ex-
pand the resources of immigration judges.
Like Clinton, Sanders would terminate the
for-profit detention centers and end fam-
ily detention.
Sanders lands firmly on the side of
workers over corporations. He proposes to
create a new visa for workers who report
labor violations by creating a whistleblow-
er visa, and he would attempt to end racial
profiling in the immigration context. Like
Trump, Sanders would also demand high-
er wages for H-1B’s. He would also expand
legal access for guest workers complain-
ing of abuse. Like Trump, he supports
the E-verify program, but with a different
emphasis. Sanders proposes to mandate
that E-verify protect worker’s due process
rights and contain protections against
abuse of workers. Related to this concern,
Sanders also proposes to rewrite trade
policies to try to protect workers here and
abroad.
As to legal immigration, Sanders
would prioritize families and family uni-
fication. In addition, Sanders would end
bans that are imposed when someone who
has been out of status leaves the U.S. and
he would place the welcome mat out for
refugees. Like Clinton, he would expand
access to Obamacare and make natural-
ization easier and more affordable.
Regarding unaccompanied children
who have flooded the system, he would
drastically change the standard to “the
best interests of the child.” and he would
classify unaccompanied minors from
Latin America as a distinct group of peo-
ple fleeing persecution. These proposed
changes would be a sea change in our asy-
lum law.
H
Ted Cruz
H
Along with Sanders, Cruz is very de-
tailed and specific. He, however, has an
almost singular focus on enforcement.
Like Trump, he proposes to build a wall on
the Mexican border and triple border offi-
cers. Like Sanders, Cruz also believes that
technology should be ramped up on the
border. He also extends his focus beyond
the Mexican border and would demand
finishing the biometric tracking system
of entries and exits at our ports of entry.
Like Sanders, he too is looking to hold
DHS accountable, but by carrying out en-
forcement.
Not surprisingly, Cruz would repeal
Obama’s executive actions and empha-
size enforcing the law. Like Trump, he
would require detention of all people ap-
prehended at the border and its corollary,
expanded detention space. He would pe-
nalize sanctuary cities by taking away
funding. He would also try to have in-
creased local law enforcement involvement
as well as authorize state and local legisla-
tion to enforce immigration laws.
Cruz would highlight deporting aliens
convicted of crimes. He plans to increase
immigration judges and courts, but for
the purpose of increasing deportations.
In court, he would make it more difficult
to win asylum, which under the current
system has a less than 20% approval rate
with counsel and less than 5%
pro se
. Like
Trump, he too would revoke visas from
countries that refuse to accept their citi-
zens being deported.
Cruz would also approach employment
from an enforcement perspective. E-veri-
fication would be required for all federal
work and made easier for private sector
users. He proposes to change the tax code
to stop employers from deducting wag-
es paid to illegal immigrants’ salaries.
Cruz could drastically change the H-1B
specialty worker visa by suspending the
issuance of all such visas for six months
to complete an audit of abuses, howev-
er it is not clear how long such an audit
process would actually take. In addition,
Cruz would essentially eliminate much
of the H-1B category by requiring that in-
stead of a four-year degree that applicants
must have an advanced degree. He would
also prevent companies who lay anyone off
from using the visa for one or two years.
As to legal immigration, Cruz advo-
cates for a huge change in shifting to a
point-based system. Such a system would
effectively end family immigration and,
on the business side would effectively end
immigration of women as most women
around the world would not qualify. He
would also eliminate or restrict the abili-
ty of legal immigrants to bring their loved
ones to the U.S. at a later date. And he
would eliminate the diversity visa program
which seeks to bring in immigrants from
countries with historically low numbers of
immigrants. Finally, he proposes to elimi-
nate birthright citizenship
Cruz would enforce the existing law
that makes it illegal for illegal immigrants
to receive government financial benefits,
although that is already the law. He would
also emphasize enforcement of the pub-
lic charge doctrine to deport people in
households receiving public assistance.
This would mean that parents in house-
holds that receive public assistance for
U.S. Citizen children would be subject to
deportation, even if they were legal im-
migrants.
H
John Kasich
H
Kasich has not set forth a systematic
approach to immigration on his campaign
website. His positions therefore can only
be gleaned from his public statements,
which can be found online.
Hicks has been guiding immigrants through the maze
of immigration law at every level for over 20 years. His
practice has focused on helping families, defending
against removal/deportation, and briefing and arguing
appeals before the BIA and U.S. Circuit Courts.
1 The technical term is removal, but most people under-
stand the term deportation better.
2 The term illegal immigrant or illegal alien is a popular
term used by people to speak of those who entered
without authorization.The legally correct term is
undocumented immigrant or alien.This article will use
the terms the candidates themselves use.
3 Nationwide electronic program which employers can
use to verify work authorization eligibility.
4 Temporary business visa for those with at least a four-
year degree in a specialized field.
5 Exchange visitor category.
6 Granted to people physically in U.S. and is a “status”
that allows the person to lawfully remain.
7 Humanitarian parole is used sparingly to bring some-
one who is otherwise inadmissible into the United
States for a temporary period of time due to a compel-
ling emergency.
/
humanitarian-parole
May 2016 CBA REPORT
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Feature Article
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