A Look at Immigration Legislation

            Now that we have crossed the threshold into 2024, I am not sure what the year is going to bring, but I think it could be monumental.

We have a presidential election with a full lead-up including primaries, civil lawsuits, and criminal prosecutions.  None of us can be sure what is likely to occur, and there certainly is no precedent for any of it.

            AI continues to evolve, and by the end of this year the breakthroughs are likely to far exceed what many of us could imagine.

            The effects of climate change continue to be felt as weather patterns change, and weather-related disasters seem to become a more regular occurrence.

            And probably one issue that will continue to grab our attention is the migrant crisis at our southern border and the impacts that immigration is having on border communities and larger cities throughout the nation. While all of us can appreciate the economic and security tumult caused by our government’s failure to take control, there is a clear humanitarian crisis facing our country as well.

            In 2024, I have decided to dive deeper into our immigration crisis to try to understand the legal framework behind the problem and how outdated policies and laws are contributing to the hardships that the crisis is causing.

            There are a lot of moving parts, but I am hopeful that as I dig deeper I can start to understand and maybe pass along some of what I learn to folks who read this column.

            The Supreme Court has held time and again that “over no conceivable subject is the legislative power of Congress more complete that it is over the admission of aliens.” That means that if you are looking for a villain in the immigration mess at our southern border, you need look no farther than at Congress. It is a Congress that is either unwilling or unable to bridge its partisan divide and act in the best interests of border communities, migrants, and the economic and security well-being of the country as a whole.

            There has been no significant federal legislation regarding immigration in this country since the Reagan administration. Tighter restrictions were enacted in response to terrorism following the September 11, 2001 attacks. There have been some modifications in the judicial review and basic due process rights for immigrants, but otherwise no significant movement in terms of border security, asylum, or eligibility requirements.

            Most folks, if asked, would assert that the system is broken. Total immigration to the U.S. peaked at more than 2.7 million in 2017, and declined to 1.3 million by 2020.

            Immigrants to the country fall into three major categories: family-sponsored, employment-based, and diversity immigrants. The majority of legal immigrants coming to America fall into the “family-sponsored” category as American policy supports the maintenance of strong family ties for citizens and permanent resident aliens already residing in the country.

            For those aliens who enter the country without meeting legal requirements, there are a host of issues associated with determining who can remain and what kind of process is due to those individuals before they can either be expelled or accepted based on asylum or refugee status.

            This is where the legal system faces its greatest stressors, and this is the area where I will focus as I dig deeper over the next twelve months.