Why Is Immigration Reform So Contentious?

rhetoric may work to motivate certain people to vote. However, it is also creating fear among the immigrant community and increasing attacks and threats against people who do not look white, regardless of their immigration or citizenship status. As an immigration attorney, I worry about the safety of my clients and continue to work hard to help them achieve the immigration relief for which they qualify under the law. Once the election is over, regardless of the outcome, the Immigration Law Clinic will continue to provide representation to clients who qualify for relief.

Further, there is a significant number of immigrants who are naturalized U.S. citizens who are authorized to vote in the elections. According to an NPR article, since the last presidential election in 2020, 3.5 million immigrants have become U.S. citizens. I hope that these U.S. citizens make their voices heard.

What are some solutions or actions that Congress could pass to help fix the issue?
Given the political climate, the outcome of this upcoming election is vital. So far, nobody seems to have an appetite for comprehensive immigration reform. So, we should advocate for small fixes in the application and enforcement of immigration law that could have a major impact. For example, in June, the Biden administration announced a program under existing law for Parole in Place for undocumented spouses of U.S. citizens to be able to obtain lawful permanent residence without having to leave the United States and triggering bars for having been living in the United States unlawfully. That program was expected to help over 500,000 people who are eligible for lawful status but barred from processing due to quirks of immigration law. The program was prevented from taking effect due to a lawsuit filed by the state of Texas, so nobody has been helped yet.

Because of immigration laws that passed in 1996, people who entered without a U.S. visa are not eligible to obtain lawful immigration status in the United States and must leave the country to do their processing abroad. However, they trigger bars of inadmissibility that prevent them from coming back for three years if they were in the United States unlawfully for up to 180 days and for 10 years if they were in the U.S. unlawfully for one year or more. Getting rid of these three- and 10-year bars would allow the country to legalize the status of thousands and thousands of people who otherwise qualify to obtain status via a close family relationship or employment sponsorship. 

The article was originally posted to the website of Michigan State University.