Seguritan US Immigration Articles

3 Visa Authorizations Extended Through Dec. 9

Three visa programs that expired last September 30 were recently extended through Dec. 9, 2016. The visa programs are the Conrad State 30 Program, the non-minister special immigrant religious worker program (SR visa), and the EB-5 Regional Center Immigrant Investor program.

The Conrad 30 program allows state health departments and agencies to recommend the waiver of the 2-year foreign residence requirement for up to 30 foreign medical graduates upon completion of their J-1 exchange visitor program. This waiver allows them to change their status to H-1B or adjust to permanent residence and meet the demand for healthcare in medically underserved areas where doctors are in short supply.

An extension was also granted to the employment-based 4th preference category visa for non-minister religious workers. This visa grants special immigrant status to professionals and non-professionals working within a certain religious vocation other than being ministers. The extension also includes their accompanying spouses and children. To be eligible, an applicant must have been a member of a religious denomination with a bona fide non-profit religious organization in the US and he must have also have been working in a religious vocation or occupation aside from those that are purely administrative in nature.

Lastly, extension was granted to the EB-5 Regional Center Immigrant Investor Program (R51 and I51 visa categories). This comes as a welcome development since organizations of business leaders, trade associations and government officials had recently urged Congress and members of the Judiciary Committee to take a second-look at the program.

The EB-5 regional center program grants a green card to foreign nationals who invest in any of the regional centers all over the country. As of October 3, 2016, the USCIS has approved 863 regional centers across the country.

In its letter to the members of Congress, the EB-5 Investment Coalition highlighted the contribution that the program has done especially in turning the wheels of the American economy. According to the group, the program has created jobs, facilitated growth of vital industries in different parts of the country and essentially, has revitalized communities.

“The program, has facilitated billions of dollars in direct foreign investment into a diverse range of projects throughout the United States and has thereby generated over $15 billion from 2005-2015, creating well over 100,000 new US jobs in that time,” stressed the coalition.

Unlike the regular EB-5 program which requires the investor to create 10 full-time jobs in two years, a regional center investor can use the more relaxed requirement of indirect job creation. Furthermore, for regional centers $500,000 is usually sufficient for investment as opposed to the $1,000,000 required under the regular EB-5 program making it a more welcoming program to anyone who wishes to invest in a targeted employment area.

Filing for Adjustment Even if Visa Not Immediately Available

This October which is the start of fiscal year 2017, adjustment of status applications may be filed even if a visa number is not immediately available for the priority date of the applicant. The date of filing the application rather than the date when a visa number is available determines when to file.

This is good news to those who have been waiting for a long time for their priority dates to become current. A pending adjustment application entitles the applicant to work authorization and travel permit.

Every year, there is a limit to the number of immigrant visas issued to various visa categories except those that do not need to be on the wait list like immediate relatives of US citizens since an immigrant visa is always available to them.

Family-based immigrant visas are capped at 226,000 and employment-based immigrant visas are capped at 140,000 annually. The United States Citizenship and Immigration Services (USCIS) and the Department of State (DOS) have established a guide to let applicants know when visa numbers will be available for their particular category.

As a guide, the DOS releases a visa bulletin every month. This lists the availability of immigrant visa numbers and likewise shows the backlogs in each category for a given month. The visa bulletin also shows when an application for adjustment of status (green card application) can be filed.

Up until last year, an application for adjustment of status could only be filed if the visa petitioner’s priority date was earlier than the cut-off date in a particular category. A priority date is generally the date when a relative or employer filed an immigrant visa petition on behalf of the beneficiary.

Starting in October 2015, the visa bulletin has adopted two charts per visa preference category— the Final Action Dates and the Dates for Filing Applications. Essentially, the Final Action Dates indicate when a visa is immediately available and the Dates for Filing Applications are the earliest dates when applicants may be able to apply. For purposes of adjustment of status application, the USCIS said that it will announce every month which of these two charts will be used to determine when application to adjust status may be submitted.

Ever since the start of this new revision, USCIS has used the Final Action Dates to indicate when foreign nationals can submit their application to adjust status (green card application). The Dates for Filing Applications have been used only to notify applicants as to when they can start assembling their documents for submission to the National Visa Center (NVC).

However, for the first month of the new fiscal year the USCIS has announced that adjustment applicants must use the Dates for Filing Applications. This means that they can file for adjustment without waiting for the availability of visa numbers.

If their priority date is earlier than the cut-off date in the chart for Dates of Filing Applications they may file for adjustment of status. For employment-based visa categories, EB-1 is now current worldwide. EB-2 is also current worldwide except for China and India. EB-3 is also current worldwide although the Philippines remains oversubscribed. For the Philippines, EB-3 shows a cut-off date of Sept. 1, 2013 which is about 34 months ahead of the Final Action Date.

For the family-based visa preference, the cut-off date for F1 for the Philippines is May 1, 2006; F2A is November 22, 2015 and F2B is February 1, 2007. The cut-off date for the F3 is January 1, 1995 and for the F4, it is April 1, 1994.

 

Disappointing Ruling on DAPA and DACA+

Without any explanation, the US Supreme Court gave Pres. Barack Obama’s immigration initiatives another blow as it denied last Oct. 3 a petition to rehear United States v. Texas, also known as the DAPA and DACA+ case.

Back on June 23, the High Court came to an even 4-4 decision on the preliminary injunction placed by the lower Texas court and upheld by the Fifth Circuit Court upon DAPA and DACA+ essentially putting a stop to these programs in the whole country. The evenly split decision came about because the High Court was missing its ninth member following the death of Justice Antonin Scalia early this year.

On July 18, the Department of Justice filed with the US Supreme Court a petition to rehear the case and argued that although it was exceedingly rare, the Supreme Court had granted a rehearing in the past where the prior decision was issued by an evenly divided court and that it “appeared likely that upon reargument a majority one way or the other might be mustered.”

It is a disappointing decision for the millions of undocumented immigrants who have been waiting for DAPA and DACA+ to provide them a reprieve from deportation and an authorization to work. Many immigration advocates are also saddened by this news.

However, the American Immigration Lawyers Association (AILA) through its President William A Stock remains optimistic. “This case is far from over. Once a more complete record of the merits of Texas’ claims is created, we are confident that when the case is once again back on the Supreme Court docket, the Court will show appropriate deference to the executive branch and not legislate from the bench by enjoining this program permanently,” said Stock.

DAPA would have temporarily deferred deportation for those who have a US citizen or LPR son or daughter as of November 20, 2014 and who have continuously resided in the US since January 1, 2010 but with no lawful immigration status. As long as they had no criminal convictions and have passed a background check, these undocumented immigrants could benefit from DAPA.

DACA+ eliminated the age requirement of DACA and pushed the arrival date to January 1, 2010. It must be recalled that DACA was first introduced by the Department of Homeland Security (DHS) back in 2012. Under this program, those under 31 years old on June 15, 2012, have arrived in the US before becoming 16, have continuously resided from June 15, 2007 to the present, are either in school, have graduated or completed high school or a general education development (GED) certificate, or are honorably discharged veterans of the US Coast Guard or US Armed Forces and have not been convicted of a felony could have deferred action or deferred deportation.

With immigration policy being among the salient battleground in this year’s presidential elections—with the two parties clutching the opposite ends of the pole, undocumented immigrants cannot rest easy. While Democratic presidential candidate Hillary Clinton promises to continue Pres. Obama’s immigration initiatives, the denial of the rehearing could also affect any further steps she may take. There is also Republican presidential candidate Donald Trump’s incessant vow to put a stop to Pres. Obama’s initiatives because of what he deems as a railroading of the country’s immigration laws.

Automatic Acquisition of Citizenship After Birth

Children born outside the US are automatically US citizens provided they meet all the requirements under the Child Citizenship Act of 2000 (CCA).

The statutory requirements are: (1) at least one parent is a U.S. citizen either by birth or by naturalization; (2) the child is under 18 years old; (3) the child is a lawful permanent resident (green card holder); and (4) the child is residing in the US in the legal and physical custody of the U.S. citizen parent.

The lawful permanent resident requirement is not satisfied if the child was not issued his green card before he turned 18 even though he had applied for it and was assured that he would get it before he turned 18 but it was delayed due to bureaucratic errors committed by the USCIS.

In a recent case, a lawful permanent resident (LPR) was ordered removed by an Immigration Judge due to a previous conviction. He appealed to the Board of Immigration Appeals but his appeal was dismissed. He then filed a petition for review with the US Court of Appeals.

He claimed that he was not subject to removal because he became a permanent resident before he turned 18 and therefore automatically became a US citizen under the CCA.

He was born abroad on March 29, 1983. He came to the US with his father who later naturalized and became a US citizen in 1997. He then applied for his lawful permanent resident status. However, although he submitted his application for adjustment of status before he turned 18, it was not until a few years later that his green card was issued.

So, the issue was when he became a lawful permanent resident. If he became a lawful permanent resident before he turned 18 years old, he then automatically became a US citizen under the CCA. If, however, he became a lawful permanent resident after turning 18, he was ineligible for automatic citizenship under the CCA.

The child submitted his application for lawful permanent resident status in 1997, before he turned 18. When he was 17 years old, he was interviewed by a USCIS officer and was given a signed I-89 Form. He was also informed during the said interview that he would receive his green card in three months. Unfortunately, USCIS delayed the issuance of his card for four years and issued it in 2004.

The question raised in the case was: did he really become a US citizen prior to his 18th birthday? The law states that an alien becomes a lawful permanent resident on the date the order of the Attorney General approving the application for adjustment of status is made. In other words, it is as of the date of the order approving the adjustment of status. In this case, it was when they formally gave him his green card in 2004.

He argued that the government should be estopped from placing him in removal proceedings because the USCIS caused the unreasonable delay in the issuance of his green card which cost him the opportunity to obtain US citizenship. Placing one in estoppel means that said party is not allowed to deny or allege certain facts because of said party’s previous conduct, allegation or denial. In this case, because the US government caused the delay in the issuance of the green card, it could not claim that the petitioner did not meet all the requirements for him to be considered as a lawful permanent resident and ultimately, cannot deny him of his automatic US citizenship.

The US Fifth Circuit Court of Appeals however said that they cannot estop the government on the facts of the case. It sought guidance from a similar case and said “to state a cause of action for estoppel against the government, a private party must allege more than mere negligence, delay, inaction, or failure to follow an internal agency guideline. Instead, the petitioner must establish, among other things, affirmative misconduct of the government.” In this case, he failed to provide evidence of affirmative misconduct on the part of the government, thus his petition was denied.

Renewing Green Card While Naturalization is Pending

A lawful permanent resident (LPR) who wishes to apply for naturalization should submit his N-400 application while his green card still has at least six (6) months of validity. This is to avoid having to pay the filing fee and biometric fee amounting to $450 for his green card renewal.

While LPRs or green card holders who have resided here in the US for at least 5 years (3 years if married to US citizen) and have met all other requirements for US naturalization can already apply for US citizenship, for some reasons, some wait longer before they apply. A few wait until their ten-year green card is about to expire to apply for naturalization.

It is worth noting that the I-551 or the permanent resident card expires every ten years. To those who want to continue to become green card holders and stay that way, they need to file an I-90 six months before its expiration date.

The USCIS Field Operations Directorate recently clarified in a teleconference that a naturalization applicant with a pending N-400 application must apply for a renewal of his green card if it will expire within six (6) months. This means that the naturalization applicant needs to submit an I-90 with the corresponding filing fees. USCIS will issue an Alien Documentary Identification and Telecommunication (ADIT) stamp as temporary proof of permanent residence upon showing of an I-90 receipt notice.

Take note that if your green card has already expired, you may encounter problems when you travel, seek or keep employment or apply for public benefits.

In addition, not carrying a valid green card is considered a misdemeanor. Section 264 of the Immigration and Nationality Act (INA) states, “Every alien in the United States . . . shall be issued a certificate of alien registration or an alien registration receipt card in such form and manner and at such time as shall be prescribed under regulations . . Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him . . .. Any alien who fails to comply with these provisions shall be guilty of a misdemeanor  …” The punishment for this misdemeanor is a fine of $100 and/or imprisonment for not more than 30 days.

If an LPR has a criminal record he may be putting himself at risk when he renews his green card. He should consult an immigration attorney before submitting his I-90 application. If his crime is a ground for deportation, he may be placed under removal proceedings and will appear before an immigration judge.

Crimes that may subject a person to deportation include aggravated felony, crimes involving drugs, domestic violence, crimes involving moral turpitude and sex crimes.

This procedure for renewing an expired green card does not apply to those who obtained conditional residence on account of their marriage to US citizens or lawful permanent residents or on account of their EB-5 commercial enterprise and financial investment. Conditional residents are issued a green card that is valid for two years. In this case, they need to file a different form, which is I-751 to Remove the Conditions of their green card if they obtained it through marriage or I-829 if they obtained it through EB-5 investment.

Parole for U Visa Holders and Family Members Residing Abroad

Good news to U visa petitioners and their relatives who are residing abroad.  The United States Citizenship and Immigration Services (USCIS) has agreed to allow them to apply for a parole to facilitate their entry to the United States while waiting for their visa to become available.

This new policy of the USCIS was in response to the recommendations by the Citizenship and Immigration Services Ombudsman, Maria Odom, regarding U visa petitioners on the waiting list, specifically those who are abroad. The Ombudsman said that such a parole policy would ensure timely family reunification for victims of certain crimes committed in the United States.

The Ombudsman also recommended that the said parole policy should allow the concurrent filing of the U visa petition and the request for parole. Finally, the Ombudsman recommended that U visa parole cases be adjudicated by the USCIS Vermont Service Center.

The Ombudsman had stressed that certain crime victims who are eligible for U visa and their qualifying family members, especially those residing abroad or who went back to their home countries had not received the full protection of the law. The U visa is capped at 10,000 annually and every fiscal year since 2009, it has been reached so certain U visa eligible individuals had to be placed on the waiting list.

U visa petitioners and their qualifying family members who are here in the US can receive deferred action and get work permits, but their counterparts abroad are not given the same due consideration. Those abroad have to go through the Humanitarian Affairs branch of the USCIS, and this bureaucratic process has not been effective in some cases.

The Ombudsman is hopeful that the new policy would translate to better cooperation from U visa holders in the investigation and prosecution of the criminal activities for which they suffered substantial mental or physical abuse.

The U visa is a temporary visa that is valid for up to four years subject to extension based on certain conditions. Once given a U visa, the holder is allowed to work legally here in the US so that he/she will be able to support himself/herself while the case is ongoing. The U visa can also benefit certain qualifying family members like their spouses, parents, children and unmarried siblings below 18 years of age who may apply to come to the US and be reunited with them.

It is granted to victims of certain criminal activities which occurred in the United States, US territory or US military installation. Among the requisites to be granted said visa is the possession of vital information necessary to prosecute the crime and the victim’s cooperation with law enforcement agencies in the investigation and prosecution of the perpetrators of these crimes.

Congress listed the following qualifying crimes for one to be eligible to obtain a U visa: abduction, abusive sexual contact, blackmail, domestic violence, extortion, false imprisonment, female genital mutilation, felonious assault, fraud in foreign labor contracting, hostage, incest, involuntary servitude, kidnapping, manslaughter, murder, obstruction of justice, peonage, perjury, prostution, rape, sexual assault, sexual exploitation, slave trade, stalking, torture, trafficking, witness tampering, unlawful criminal restraint, and other related crimes which includes any similar activity where the elements of the crimes are substantially similar. It also includes the attempt, conspiracy or solicitation to commit any of the aforesaid crimes.

Petitioning Physical Therapists for Green Card

Physical therapists continue to be very much in demand in the United States. According to the Bureau of Labor Statistics, the demand is projected to grow by 34% from 2014 to 2024. This demand stems from aging baby boomers who are now in their 60s and 70s.

According to a research published in the American Academy of Physical Medicine and Rehabilitation, “the demand for PTs will outspace the supply within. Shortages are expected to increase for all 50 states through 2030. States in the Northeast are projected to have the smallest shortages, whereas states in the south and west are projected to have the largest shortages.”

This seems like good news to foreign physical therapists who may also be looking at working here in the US either for the experience or due to lack of better opportunities in their home countries. Like nurses, PTs can live and work in the US permanently.

Physical therapists may enter the US under an immigrant visa or green card. They belong to the Schedule A occupations which means they do not have to go through the lengthy process of obtaining a labor certification before an employer can file their I-140 immigrant visa petition.

The green card process starts with the filing of an I-140 petition on behalf of the foreign physical therapist with the USCIS Service Center having jurisdiction over the intended place of employment. The petition must be supported by the following documents: application for Permanent Employment Certification (Form 9089) in duplicate; prevailing wage determination; a copy of the notice sent to applicable collective bargaining unit or a copy of the posted notice of filing (notice must be posted at the place of employment between 30 and 180 days prior to the filing of the Form I-140 petition); and a copy of all in-house media used for recruitment of similar position.

Also required are permanent license in the state of intended employment or statement signed by an authorized state of intended employment stating that the beneficiary is qualified to take the state’s licensing exam; physical therapy diploma or degree; and proof of prospective employer’s ability to pay wage (for an employer with 100 or more employees, a letter from a financial officer; if employees total less than 100, a copy of annual reports, federal tax returns or financial statements).

Foreign educated physical therapists must demonstrate that their education is “substantially equivalent” to a U.S. education. Previously, a foreign PT may only need to have a bachelor’s degree in physical therapy but since 2001, the Commission on Accreditation in Physical Therapy Education (CAPTE) discontinued accrediting bachelors’ degree programs in the US and required all US programs to offer courses that would result in a master’s degree in Physical Therapy. Then recently, in 2015, it pushed the standard again. Now, all accredited physical therapy education programs in the US only offer the Doctor of Physical Therapy Degree (DPT). Before one is admitted to the DPT program, one needs to have completed a four-year bachelor’s course.

Physical therapists must also obtain a visa screen certificate either from the Foreign Credentialing Commission on Physical Therapy (FCCPT) or the Commission on Graduates of Foreign Nursing Schools (CGFNS). The certificate ensures that their credentials and English proficiency qualify them in performing their professional work in the US.

It is important to note that the FCCPT’s issuance of a visa screen certificate is a confirmation that the physical therapist’s education is equivalent to at least a master’s degree in Physical Therapy. This qualifies the applicant for the employment-based second preference (EB-2) classification

Immigration Fraud and the U Visa

The U visa is a temporary visa granted to victims of certain criminal activities which occurred in the United States, US territory or US military installation. It is granted to victims who suffered substantial mental or physical abuse as a result of the criminal activity and who, as a result of being at the receiving end of such an unfortunate circumstance, possess credible and reliable information about the criminal activity.

It is important that the victim is helpful, is being helpful or is likely to be helpful in the course of the investigation and prosecution of the criminal activity. In recent years, USCIS has granted 10,000 U visas yearly, which is the cap provided by Congress. It has done a lot in the prosecution of offenses, especially those committed against vulnerable undocumented immigrants.

Before this visa, undocumented immigrants were largely placed in very disadvantageous positions because they could not report the crime for fear of being deported due to their immigration status or lack thereof and they could not seek assistance from the authority for fear of being harmed even more by the perpetrators or abusers.  Especially in domestic abuse or sexual abuse cases, the situation would persist because the perpetrator would use the lack of immigration status as a leverage to pin the victims down.

When this was created by Congress with the passage of the Victims of Trafficking and Violence Protection Act in October 2000, they listed the following qualifying crimes: abduction, abusive sexual contact, blackmail, domestic violence, extortion, false imprisonment, female genital mutilation, felonious assault, fraud in foreign labor contracting, hostage, incest, involuntary servitude, kidnapping, manslaughter, murder, obstruction of justice, peonage, perjury, prostution, rape, sexual assault, sexual exploitation, slave trade, stalking, torture, trafficking, witness tampering, unlawful criminal restraint, and other related crimes which includes any similar activity where the elements of the crimes are substantially similar. It also includes the attempt, conspiracy or solicitation to commit any of the aforesaid crimes.

Immigration services fraud is not specifically included in the list of qualifying criminal activities but it could potentially fit in the categories of witness tampering, obstruction of justice or perjury.

Recently, lawyers and immigration advocates have lobbied for the inclusion of immigration services fraud in the list. Immigration services fraud is the crime of taking advantage of one’s lack of knowledge and understanding of the intricacies of the US immigration law and promising to render services which are fraudulent, unauthorized or rendering nothing at all.

Immigration services fraud come in different forms. The popular one is notario fraud, which is claiming to provide immigration services, without actually being qualified to offer such assistance.

Another form of immigration services fraud is the visa lottery scam, which is promising immigrants that they will have a better chance of winning the visa lottery, or offering to enter them in the lottery if they pay a fee which are oftentimes exorbitant when in actuality, USCIS does not collect any fees to be entered into said lottery.

Recently, a company with a Las Vegas address has victimized many Filipinos in the Metropolitan New York area promising them quick green card for a fee of $15,000 each.

Evidently, these practices prey upon the most vulnerable sector of immigrants. In the hopes of one day legalizing their status here in the US, undocumented immigrants rely upon the promises of these services not knowing that they are being taken advantage of.

Obtaining an Individual Tax Identification Number (ITIN)

Undocumented immigrants may need to prove, sometime in the future, how long they have been in the US and a good way to provide that proof is to obtain a Tax Identification Number (ITIN) and pay their taxes.

The first thing one should understand is that ITINs are numbers provided for tax purposes only. This is issued by the Internal Revenue Service (IRS) to people who are ineligible to get a Social Security Number (SSN) to ensure that they will still be able to pay their taxes. It does not confer an immigration status nor provide work authorization.

It cannot be used to track those who are unlawfully in the US or enforce immigration policies. In fact, because privacy is a very important tenet in taxation, the IRS is not allowed to share any taxpayer information to any other government agencies except to the Treasury Department in tax investigations or non-criminal tax investigations.

The issuance of ITINs has been criticized as allowing undocumented foreign nationals to blend in with the rest of the society without any regard to whether they are potential terrorists or whether they may endanger the safety and security of the community. They subvert immigration policies, the critics claim.

It cannot be denied, however, that through the issuance of the ITINs since 1996, the government was able to build a bigger tax base by including even undocumented immigrants and those who are here lawfully but are not able to get SSNs, in the collection of taxes. In 2010, more than 3 million people paid more than $870 million in income taxes using ITINs and in 2012, undocumented immigrants were able to contribute to the US’s coffers $11.8 billion in both state and local taxes.

Aside from undocumented immigrants, non-resident foreign nationals who have US-based businesses and who receive taxable income from such businesses are also able to pay their corresponding tax obligations through the ITINs. Foreign students who qualify as residents (based on days they are present in the US) as well as dependents or spouses of foreign nationals on temporary visas can also pay their taxes here through the ITINs since they cannot get a SSN.

As for undocumented immigrants, the ITINs have also been proven useful not only in establishing their length of stay here in the US but also their good moral character. Compliance with federal tax laws can help establish good moral character which is an important factor if one hopes to legalize his immigration status. Having tax returns with one’s ITIN on file with the IRS is an excellent form of documentation.

In addition to ITINs being useful for documentation purposes, it likewise confers added benefits especially those that can be accessed by taxpayers. For example, immigrant taxpayers can get Child Tax Credit worth as much as $1,000 per qualifying child. They can use the ITIN in opening bank accounts and in getting a driver’s license in some states, for example.

ITIN holders are not eligible for social security benefits or the Earned Income Tax credits. But the income reported with the ITIN may be credited to the benefits they will be eligible to receive once they become lawful permanent residents in the future.

In order to apply for an ITIN, one needs to submit a filled out W-7 form, along with a completed tax return to any IRS office. They need to include proof of identity and foreign status.

GOP Platform Has Bad News for Immigrants

The Republican Party’s platform which mirrors the vision that the party hopes to campaign on leading to the upcoming November 2016 elections has some bad news for immigrants.

Anchored on the pursuit of “Reforming the Government to Serve the People”, the GOP has sixteen major agenda that it hopes to push forward on matters of retirement security, economic growth, Medicaid and health, tax reforms and of course, immigration.

The party has acknowledged the huge contribution that immigrants have made for the American economy. “Just as immigrant labor helped build our country in the past, today’s legal immigrants are making vital contributions in every aspect of our national life. Their industry and commitment to American values strengthens our economy, enriches our culture, and enables us to better understand and more effectively compete with the rest of the world,” the platform states.

However, the platform likewise underscored that while they applaud those who go through the legal channels of immigration, they are saying that those who came here illegally undermine the benefits that legal immigrants have contributed to the country and at the same time, these undocumented immigrants threaten the safety of communities, remove jobs from US workers, and pose grave risks to the safety and the sovereignty of the United States.

Thus, their platform drumbeats the same hard line stance of Republican presidential nominee Donald Trump in saying that the highest priority should be in securing the rule of law  both at our borders and at ports of entry. Building the wall that they hope will counter illegal immigration is also a part of their agenda although this is nothing new since building a “wall’ was also in the Republican 2012 platform. “The double-layered fencing on the border that was enacted by Congress in 2006, but never completed, must finally be built.”

The platform promises that it will grant no amnesty to the undocumented immigrants because it rewards breaking the law and encourages more people to do the same. Instead, it promises to enforce alien e-verify programs before immigrants will be granted any kind of federal or State support or entitlements or work authorization.

Many frowns upon this platform and policy directions of the GOP saying that it has a very simplistic and black-and-white view of immigration and lacks a deep understanding of why there are illegal immigrants in the country. It has failed to recognize that for these millions of undocumented immigrants, they simply do not have a choice- they don’t have any choice but to run away from their home country either to escape persecution or gang violence, as in the cases of those trying to cross the borders from Central America or escape extreme poverty but lacks the required documented family members or skill set to be able to go through the rigorous process of legal migration.

While the document blames undocumented immigrants for taking jobs away from American workers, it has failed to provide any concrete solutions to actually provide jobs for these displaced workers.

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