Helen’s Place LLC Update August 2, 2022
The proposal below for how to solve the illegal non-immigrant problem in America, remains the same as it was four years ago. It would not be popular with any political group, and was written for those individuals searching for a compromise to the problem in order to improve the nation’s emotional fitness and move forward.
Helen’s Place LLC September 16, 2018
There’s no question that the U.S. should solve its illegal immigration problems, but logical solutions seem to escape the minds of officials, due to moral and political infighting.
In fact, nothing is more contentious then what to do about asylum seekers showing up at our Mexican border, separated children, and non-immigrants living in the U.S. illegally including Deferred Action Childhood Arrivals, (known as DACA Orphans).
Other children, either separated from their parents at the border or entering the U.S. independently, might also be considered “orphans,” in the sense that they are displaced.
Most Americans believe that illegal immigration must be solved before any other immigration issue, and requires strong border security, and an immigration system that’s fair but doesn’t threaten the American workforce or way of life.
The idea of amnesty for any illegal non-immigrant group, including DACA recipients, seems unfair to many, knowing that people have been waiting for visas to immigrate to the U.S. for over twenty years in some cases.
However, we know that even if the U.S. were able to secure the Mexican border through a physical or electronic surveillance wall, or have the severest detention policies, the problem of undeterred asylum seekers, and the population of illegals living in the U.S. would remain – including those who entered the U.S. legally but are living with expired visas and border crossing cards.
Our biggest immigration security problem remains not knowing who’s sneaking in or living in the U.S. who’s a potential terrorist threat.
Perhaps this worry causes some Americans to be blinded from understanding the benefits to the economy of having an influx of potential workers willing to take jobs that no one wants. Then there’s the racist prejudice that is also a factor.
Whatever the reasons, many Americans ignore the fact that the labor force is eroding due to the retirement of older workers, and other things like drug addiction, and lower birth rates. The bottom line is that the U.S. could use more workers paying into the tax system to pay for social programs like Medicare and Medicaid, and to compensate for the tax breaks given to wealthy people and corporations in 2017, under the Tax Cuts and Jobs Act (TCJA).
Currently, illegals aren’t allowed to work, even with pending immigration hearings years away.
Additionally, those who finally make it to their asylum hearings, are usually denied for asylum because they don’t meet strict federal guidelines. — (Remember the old days when our forefathers sought asylum in America for freedom of religion and freedom from persecution? Today those may not be valid reasons.)
This means that after years of waiting, able-bodied people are put in deportation proceedings, where many just disappear to live in the shadows, rather than be deported.
The number of illegals in the shadows, many getting jobs under the table, in kitchens, construction and other manual labor, is about eleven million people.
There’s agreement in law enforcement that it’s not possible to track down and deport this number of people, so any efforts to do so represents a failed illegal non-immigrant policy, and complete waste of taxpayer money and human resources to hunt people down when they’re actually needed in the workforce.
We’re beginning to see increases in political pressure to abolish Immigration Customs Enforcement (ICE). However, ICE is still needed to locate and deport dangerous criminals, including gang members, drug and sex traffickers.
The U.S. would be better served by fixing the illegal immigration system, so that ICE agents could return to their jobs assigned after 9/11, to keep America safe. Although, non-immigrants are statistically far less likely to be dangerous criminals than the rest of American society, we still need ICE to do their job tracking down those who are.
Solution:
The solution to the illegal non-immigrant crisis may be right under America’s nose, but few would support it because it’s not political – too lenient for the right and too severe for the left.
Yet, with just a few tweaks to our immigration system, we could issue work permits to non-immigrants waiting for their asylum hearings, and then allow the immigration judge to decide if they should be allowed to remain in work permit only (WPO) status if they don’t qualify for asylum.
This system would be based on the merit of the non-immigrant and the employment needs of the U.S. It’s the simplest solution that allows for legal due process, minimizes harm, and utilizes badly needed manpower.
It also provides a more constructive experience for all concerned – making America feel better about itself, while providing a boost to the economy and upholding our constitution and core values.
Americans have always believed that it’s right to give people a fair chance to prove themselves, and a solid work history is the best way to do that.
So the way an asylum/WPO system could work – as asylum seekers appear at a U.S. border port of entry, they would be allowed to apply for asylum, after waiting outside the U.S. to complete and pass background checks.
Those without criminal records, would then be allowed to complete an asylum application package, and then border security would issue an electronic I-94 Record of Entry to the asylum seeker, which would constitute a legal entry into the U.S. An asylum hearing date would be set, and the non-immigrant scheduled to appear before an immigration judge.
Additional paperwork requirements and information would be mailed to the non-immigrant, including how to file for a work permit using a United States Citizenship Immigration Services (USCIS), modified I-765 form.
At the asylum hearing, the immigration judge would review the non-immigrant’s file and the evidence furnished, including proof of working and filing taxes while waiting for the immigration hearing.
The judge would evaluate the non-immigrant’s moral character and contribution to American society.
The judge would have the authority to decide if the non-immigrant qualified for asylum, work permit only (WPO) status, or should be deported.
WPO status for a non-immigrant would be considered temporary in the American immigration system, and provide no path for permanent residency or citizenship. WPO holders would not be eligible for social programs like welfare, social security, or food stamps, or be able to travel outside the U.S.
Non-immigrants would always have the option and be encouraged to give up WPO status and return to their host country to apply to immigrate to the U.S. through normal channels from outside the U.S.
However, once a non-immigrant left the U.S., they would have to reapply for asylum/WPO status if they returned to the U.S. before a visa was available to legally immigrate.
To protect American workers – before any non-immigrant could get a WPO job, WPO jobs would be advertised by potential employers on the government’s website – USAjobs.gov. Currently this website handles only federal positions, but it could be expanded to include all listings requiring E-Verify to confirm legal status.
It also could promote towns or cities in America wanting to attract workers, due to population loss or expansion needs. All American citizens and legal permanent residents would be given hiring priority over non-immigrants.
The E-Verify system could then be used by American businesses to verify that their hires were in legal status. Non-immigrants with approved work permits by United States Citizenship and Immigration Services (USCIS), would be required to obtain an IRS tax I.D. number known as an “ITIN” before applying for any job.
They would also be required to update their WPO status every two years, pass background checks, and have no criminal record. Non-immigrants who didn’t work or pay taxes, would loose their WPO status and be put in deportation proceedings.
Similarly, an illegal non-immigrant currently living in the U.S. would be allowed to file paperwork through USCIS to apply for an I-94 Record of Entry from within the U.S., asylum and a work permit, and scheduled for an asylum hearing. (USCIS already had parole in place and ability to issue I-94 records from within the U.S. under certain circumstances, i.e. military spouses in illegal non-immigrant status.)
More Filing and Hearing Information:
The immigration judge would review the asylum application documents including but not limited to the application, an approved I-765 work permit form, a current verifiable letter from an employer with date of hire and job description, IRS tax transcript(s) showing proof of paying taxes, bank statements with account balances, and any other information that would help the immigration judge evaluate whether or not a non-immigrant could support himself/herself without public assistance, and be a contributing member of American society.
The asylum/WPO package would also include an approved U.S. citizen sponsor (I-864 form), guaranteeing support and funds to return the non-immigrant to their host country, should they become unemployed for any reason with no income.
In addition, at the hearing, a non-immigrant could show that they spoke English or were enrolled in English classes, and attended and passed a U.S. “Rights and Responsibilities” class developed by USCIS, or other civics course, to prove that they understood their responsibility to pay taxes and follow U.S. laws. Other certifications to show education and/or technical skills would be a plus.
To address security concerns, non-immigrants would have a background check done twice – once at the time of asylum filing and before an I-94 was issued, and again prior to their hearing, to ensure that they had no criminal record before granting asylum or WPO status.
The immigration judge would have the discretion to deport anyone not meeting asylum or WPO eligibility requirements as described above. Individuals captured trying to enter the country illegally and then requesting asylum after being caught, would face greater scrutiny and would more likely be deported.
WPO Deterrent Factor and Renewals:
Since it’s estimated to take up to two years to get an asylum hearing, non-immigrants with work permits would have an incentive to show up for their hearing, prove their worthiness to be a productive member of society, and pay taxes.
Non-immigrants would gain a better idea regarding how tough it is to get a job and survive in America, and determine whether or not they really wanted to stay in the U.S. in WPO status. Since a large number of non-immigrants leave the U.S. every year, many non-immigrants at their hearing would likely opt for voluntary departure from the U.S., rather than stay in WPO status.
Also, many WPO’s would depart the U.S. after the crisis in their home countries subsided.
However long the WPO stay was, in a similar fashion to the DACA recipients, the work permit only (WPO) holders, would never obtain amnesty or a path to citizenship, or be allowed to travel in and out of the country, which means if they left the U.S. they would not be able to return without starting the whole asylum/WPO process over again.
They would be regarded as temporary workers, and have to renew their work permit every two years. Additionally, they would have their work permit revoked and be deported, for failure to work, pay taxes, and/or have criminal activity.
Because of the difficulty, it’s likely that many non-immigrants would decide it’s easier to make it in their home countries, and depart on their own, after giving WPO status in America a try.
Many would realize that entering the U.S., as a legal immigrant is always preferable to entering or becoming an illegal non-immigrant, because legal immigrants get permanent residency status and Permanent Resident Cards (green cards), and gain a pathway to U.S. citizenship as naturalized citizens.
WPO’s would not, unless at some date in the future, the U.S. granted exceptions for heroic deeds that benefited the U.S. — i.e. to a WPO holder who discovered a cure for cancer.
Conclusion:
Having an immigration system to manage the flow of people seeking asylum and/or work permit only (WPO) status would be practical and fair, minimize harm, and would lower the need for illegal border crossings or a physical wall.
It would also curb a lot of the employment fraud in the E-Verify system, as well as marriage fraud committed by non-immigrants with expired status attempting to find loopholes and marry U.S. citizens for the purpose of obtaining green cards.
In general, allowing non-immigrants to come out of the shadow would reduce identity and document fraud.
Additionally, with this system, a zero tolerance policy to prevent illegal border crossings would make sense, because only criminals and potential terrorists would try to enter the U.S. illegally.
The vast majority of non-immigrants would follow this legal system, if given the choice, rather than live in fear. Non-immigrants would prefer to work and pay taxes, as a way to payback the American people for allowing them to work, even in temporary status.
Thus, U.S. safety and security would be improved, and millions of tax dollars could be saved.
Related audio/video interview recording:
YouTube, CNN, April 14, 2018, Why the Immigration Issue is So Hard to Solve
Other related article you may be interested in:
Helen’s Place LLC, June 22, 2018, “Lost Children in America Join DACA Orphans”
Your comments are greatly appreciated. Send them to Helen’s Place LLC via email to info@helensplacenet.com. We’re always interested in learning more about you and the issues that are important to you.
