Former Lord of Winterfell, on 30 April 2012 - 05:54 PM, said:
Oh really? This is a problem for you? Wouldn't have guessed. Let's just run through the immigration law at issue.
In 1996, Congress passed a law barring anyone in the country illegally for more than 6 months from returning for 3-10 years (3 if the person was here illegally for 6-12 months, 10 if the person was here illegally for over a year. This is the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA). There is an analysis of it here: http://www.cis.org/EvaluatingIIRAIRA
. This law included a waiver for spouses, sons, or daughters of a U.S. citizen or permanent resident if the waiver applicant can show that extreme hardship would result from being barred.
In 2011, U.S. Citizenship and Immigration Services has received 23,000 such waiver applications, and granted 17,000 of them.
The change the Obama Administration has made is that waiver applications will no longer have to leave the country while their waiver application is pending.
That's it. I can't see how that a refusal to enforce immigration law.
Anyway, K and I were talking about this the other day and here is what I think we should do to increase immigration enforcement. I suspect that very few immigrants are aware of the 3/10 bar. I suggest that we drop some money on a massive
PR campaign educating the immigrant public on the 3/10 rule. I personally do not want to spend time processing waiver applications of people who did not realize the consequences of overstaying their student or worker visas. So, we repeatedly run an ad showing the horrible, terrible consequences of letting your status lapse, and then provide basic information on how to start the process to prevent that from happening - a "check your date, don't be late" campaign telling people how soon to start working on any impending change to their immigration status.
Then we can use the 3/10 rule to deport people who were never here legally or who intentionally stayed in the country illegally and also be certain that they knew the consequences when they did that.