If you received my newsletter last week, then you’re aware that I recently signed onto a letter to Speaker Ryan requesting House Leadership to act on the Deferred Action for Childhood Arrivals (DACA) issue before the end of the year. Since there is a lot of misinformation and emotion surrounding this issue, I would like to clarify the facts of this letter.
With all due respect to the Washington-based special interest groups and “news” outlets that are not accurately reporting on the contents of the letter, or the issue at hand, there is nothing in this letter that advocates for “amnesty”. The letter does not specify or endorse any bill, but instead calls on Congress to pass a ‘permanent legislative solution’ before the holidays. Yet again, I find it extremely unfortunate these organizations have chosen to push an agenda and misinform the public rather than engage on the substance of the issue. I also find it interesting that those who do not believe the status quo is acceptable also oppose any form of congressional action on the issue and continue to circulate blanket falsehoods that ultimately keep the same policies in place. Having spoken to many constituents on this issue directly, no one has ever said the current situation is acceptable.
The second point I would like you to consider is that Congress is responsible for crafting immigration policy. Article I, Section 8, Clause 4 of the U.S. Constitution specifically states, “The Congress shall have Power To… establish a uniform Rule of Naturalization.” President Trump recognizes this fact, which is why he directed us to address this issue.
On September 5, 2017, President Trump rescinded President Obama’s executive overreach on DACA, calling on Congress to act on the issue within six months and threatening further executive action if no legislation is enacted by March 5, 2018. Since I was elected over 6 years ago, I’ve also called on congressional leadership to act on immigration reform. Not only has there not been a single DACA bill brought to the floor since I’ve been here, but there has also not been any substantial action on immigration since the Reagan Administration.
It’s also important to consider that if congressional inaction forces President Trump to unilaterally act on DACA, we should expect a situation similar to the unrest that followed his executive action on the Visa waiver program. The potential for the Judicial Branch to bring us back to square one on this issue is unacceptable. Congress must pass legislation to overcome the looming threat of endless litigation that could potentially follow any actions President Trump may or may not take on DACA.
As you know, in the United States, minors are not held to adult standards for civil contracts or criminal activities. There is no expectation – aside from extenuating circumstances – for a child to be treated legally as an adult. Republican legislative solutions would provide a new set of merit-based requirements for child immigrants, which must be met over a 5-10 year period before individuals would be eligible for permanent legal status. Keep in mind, this population of child immigrants includes individuals currently serving in our Military, working professionals, students, and other contributing members of our society. In other words – it’s in America’s best interests to act on this issue.
Congress has less than three months to do the job it’s supposed to do according to the Constitution. In my view, it is the height of hypocrisy for Congress not to act and allow further executive action. I have no plans to apologize for urging congressional leaders of both parties to do their job on an issue that has not worked effectively for over 30 years.
Chain Migration under Current Law
I am taking a deep dive into the chain migration issue and the proper restrictions. However, you should know that if a DACA recipient entered into a conditional status under the RAC Act (Republican bill) or the DREAM Act (Democrat Bill), it would take the recipient about 5-10 years to become a Legal Permanent Resident if either of these bills became law. After an additional five years, recipients would be eligible to apply for citizenship.
As a Legal Permanent Resident, individuals may petition for certain family members (not including parents) to also become a Legal Permanent Resident. If Legal Permanent Residents wait the additional five years and become citizens of the United States, at that point, they may petition for their parents and other family categories. It’s important to note that both scenarios would require the petitioned family member to return to their country of origin, generally for a period of 10 years, if the individual is illegally residing in the United States. If the petitioned family member waits 10 years outside the country, he or she would then be petitioned under the normal immigrant Visa process. Again, after five additional years, if qualified, the individual would be eligible to apply for citizenship.
Based on current proposals, individuals who came here illegally face at minimum a 20-25 year time frame to become eligible for petitioning. However, I believe there are reasonable restrictions for those who broke the law as adults and I am drafting such restrictions and working with my colleagues on this issue.
To shed more light on the chain migration issue, let’s analyze the recent attempt by a Bangladeshi immigrant to bomb the New York City subway. This individual came to the United States on an F4 Visa, the lowest preference category for family-based petitions. F4 Visas are available on a limited basis for siblings, spouses, and certain children with family members related to U.S. citizens or lawful permanent residents. The suspect emigrated to the United States months before his 21st birthday. Had he been 21 years old, a family member would not have been allowed to petition for him to obtain a Visa under this category. This is just the most recent example of why immigration reform is necessary. We must fix the current flaws to ensure bad actors do not slip through the cracks and to reduce the current backlogs that are overwhelming our system.
So for those aforementioned groups set on misrepresenting the facts, I welcome them to send my office any analysis they might have on why the status quo is working so well. My assumption is that no such analysis exists, because the present system is a mess – case and point being the scenario described above.
The reality is that our current system will not fix itself, which is why I stand with the President in his call for action in Congress and why I signed onto the letter with 34 of my Republican colleagues demanding action from House Leadership. Washington has been kicking the can down the road on this issue since the Reagan Administration. After 31 years, it’s high time for Congress – regardless of where you stand on the issue – to follow through and produce a voting record on DACA.
Washington Visitors
Brad Crowell – Director of the Department of Conservation and Natural Resources
Looking Ahead
Next week, we expect action to be taken on the tax reform legislation that was reported out of the Conference Committee this week. We will also be voting on another measure to fund the federal government. As an appropriator, I cannot even begin to express my frustration with successfully passing all 12 Appropriations bills in the House, just to turn around and pass our third Continuing Resolution of the year. Next week will be step five in a process that should have been resolved several months ago.
As always, thank you for subscribing to the Amodei Report. I look forward to continuing to keep you up to date on the issues you care about most.
For additional information, please visit my website at amodei.house.gov or call my Washington office: (202) 225-6155, Reno office: (775) 686-5760 or Elko office: (775) 777-7705. To receive updates on what I am doing in Washington and in Nevada’s 2nd District follow me on Facebook, Twitter, Instagram and Youtube.
