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Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Tuesday, January 16, 2024

Lawyers say changes to US immigration law should guarantee orderly and fair processes

Managing the flow of people to the United States southern border, whether for family, economic or humanitarian reasons, is an “interrelated” system that must be solved by all departments and agencies participating in the immigration process, concludes A report presented to Congress by Gregory Chen, senior director of government relations for the American Immigration Lawyers Association (AILA). Any amendment made to the Immigration Act (INA), whether increasing border controls, tightening asylum requirements or enhancing the control system for legal immigration, “requires an efficient and orderly system that guarantees equity and It also requires compliance with the law,” he said. Added. “The system must be able to anticipate and even anticipate the future social and economic needs of companies and states that want and need immigrants,” he said. The AILA director’s statements were made during an appearance last week before the Immigration Subcommittee of the House of Representatives Judiciary Committee, which was part of the spending budget debate taking place in Congress and where Republicans emphasized addressing the impact of illegal immigration on social Let’s give. Services. Approval of the 2024 spending legislation depends not only on consensus between Republicans and Democrats on the issue, but also on avoiding a potential ‘shutdown’ of the government and allocating emergency funds requested by the White House for Ukraine and Israel Is. Stalled debate Republicans, who control the House of Representatives, push to tighten immigration laws to prevent undocumented or illegal immigration, while Democrats push to seek funding from Congress to invest in the border and dismantle a system that Which threatens to collapse every day. Amid the arrival of nearly 2 million foreigners over the past two years, whose asylum cases have been added to the Waiting List of the Court of Immigration (EOIR), which already has a backlog of more than 3 million cases that must be resolved by about 680 Thursday. Faced with this complex landscape, the report presented by Chen indicates that the United States needs to “modernize its immigration system to address dramatic changes in global refugee flows and ensure the country’s continued prosperity and development.” “There is an urgent need for solutions. Read Also: The solar war continues: Opponents of California's new rules are demanding a rehearing. It specifies that, in response to the increase in global migration, “the federal government should immediately take measures that guarantee the orderly, efficient, and fair processing of newly arrived immigrants.” He indicated that Congress needs to “ensure federal immigration agencies are able to review cases more quickly, ensure protections for those eligible for legal assistance, and expel (deport) those who are not eligible.” Must be funded properly.” In a safe place. And in a humane way.” The hard wing of the Republican Party rejects this argument and insists that, before approving the funding for the border requested by Biden from October and aid to Ukraine and Israel, the government must have the resources at its disposal. should increase border security, reduce illegal crossings, speed up deportations, and end the catch-and-release policy, which allows the release of aliens who come seeking asylum, among other demands. Do not pose a threat to the national and public security of the United States. But AILA emphasizes that this option does not guarantee a fairer and more efficient immigration process, nor does it guarantee legal representation for the thousands of people facing deportation from the United States. “The surge in arrivals at the United States southern border and the dysfunction of the immigration system, which has not been reformed by Congress for more than 30 years, have fueled arguments that the government should stop migrants at the border,” Chen said. Should be removed.” And he reiterated that although newly arrived immigrants “may need short-term services, the overwhelming evidence shows that immigrants provide enormous benefits to the United States.” Broken system AILA’s report submitted to the lower house’s immigration subcommittee noted the current migration crisis and said that following the massive influx of asylum-seeking immigrants, municipal authorities and local NGOs across the country “are coming to Responding to people’s temporary needs.” , Read Also: Four people have been arrested and charged with the kidnapping and subsequent murder of a Hispanic man in Texas “Lack of federal support is one of the main reasons why local people are having difficulties planning and welcoming immigrants,” says Chen. “To significantly increase funding for refugee programs and services, Congress should approve aid requests submitted by city mayors that directly fund short-term local support,” he said. AILA held that state governments should “coordinate, improve, and share information on the movements of immigrants,” a strategy promoted by Republican-governed states that send “buses full of people without prior notice.” These tactics, Chen says, are “unproductive political moves that complicate the challenge of welcoming large numbers of foreigners coming to seek asylum.” Among the recommendations, AILA specifies that “getting qualified immigrants into jobs as quickly as possible is an important step so they can achieve self-sufficiency.” And the federal government should “expedite the process of granting employment authorization” to relieve the pressure some states are facing, such as New York, with an influx of nearly 180,000 immigrants over the past two years, and Chicago, with nearly 40,000. List of problems The AILA report mentions not only the problems at the border, but also the remaining difficulties arising from the damaged immigration system, which need urgent repair by all sectors participating in the process. Delays include: Months and years of delays in almost all categories of immigration cases End of reaction capability at the border Due to delays even people with approved visas are forced to go to the border The asylum system is small and not sufficient to meet current demand at the border The current immigration system is dysfunctional It takes months, perhaps years, for some new immigrants to attend an immigration court hearing to seek asylum. Delays in immigration courts delay the process of applying for employment authorization. Delays also affect access to public benefits legally authorized by Congress. Read Also: US senators hope to talk to China about fentanyl Possible immigration solutions It is not only the lack of modernization of the immigration system that worries AILA lawyers. “Congress’s inability to pass laws updating immigration visa numbers is hurting families and businesses,” Chen said in her report. He stressed, “American families now face longer periods of separation as they wait months, even decades, for family visas to become available.” “American companies across all industrial sectors are also facing historic labor shortages,” he said. The AILA report cites a 2022 report by Federal Reserve Chairman Jerome Powell, who attributed the labor shortage partly to “declines in net immigration.” He also mentioned calls made by the Republican governors of Indiana and Utah, who urged Congress to bring in more foreign workers “to meet the needs of their respective states.” Regarding Florida, Chen said that due to a recently passed law (SB 1718) in that southern state, labor shortages have forced farmers to reduce production, “an issue on which modernization is taking up the challenge.” The federal Congress must consider the system and “approve laws that establish adequate legal channels to meet the needs of the country.” For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.

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