Mediaboss Marketing

1 David J. Bier, Americas Foreign Share Is in The Bottom Third among Richest Nations, Cato at Liberty (blog), September 25, 2020.

2 David J. Bier, No Year Has Seen Legal Immigration Cut Like the 2nd Half of FY 2020, Cato at Liberty (blog), October 13, 2020.

3 David J. Bier, No Year Has Seen Legal Immigration Cut Like the 2nd Half of FY 2020, Cato at Liberty (blog), October 13, 2020.

4 Jens Manuel Krogstad, Jeffrey S. Passel, and DVera Cohn, 5 Facts about Illegal Immigration in the U.S., Pew Research Center, June 12, 2019.

5 For afull explanation of this recommendation, see Alex Nowrasteh and David J. Bier, Three New Ways for Congress to Legalize Illegal Immigrants, Cato Institute, Immigration Research and Policy Brief no. 12, April 10, 2019.

6 Border Security, Economic Opportunity, and Immigration Modernization Act, S. 744, 113th Congress, 2013.

7 8USC 1182(a)(9)(B)-(C).

8 This would require simply striking 8USC 1182(a)(9)(B)-(C).

9 For afuller explanation of this recommendation, see Alex Nowrasteh and David J. Bier, Three New Ways for Congress to Legalize Illegal Immigrants, Cato Institute, Immigration Research and Policy Brief No. 12, April 10, 2019.

10 8USC 1259(a).

11 Strike January 1, 1972 in 8USC 1259(a) and replace with a date that is not less than 10years prior to the date of application under this section.

12 GOV.UK, Immigration Rules Part 7: Other Categories, para. A246276BVI.

13 This would require amending 8USC 1362 by striking (at no expense to the Government) and inserting at the end: The government shall provide such counsel if the person cannot afford such counsel.

14 Ingrid Eagly and Steven Shafer, Access to Counsel in Immigration Court, American Immigration Council, September 28, 2016.

15 Christina Jewett and Shefali Luthra, Immigrant Toddlers Ordered to Appear in Court Alone, Texas Tribune, June 27, 2018.

16 David J. Bier, Details of 155 Immigration Detainers for U.S. Citizens, Cato at Liberty (blog), June 3, 2020.

17 Department of Homeland Security, FY 2021 Budget in Brief, 2020, p. 86.

18 Department of Homeland Security, FY 2021 Budget in Brief, 2020, p. 86.

19 John D. Montgomery, Cost of Counsel in Immigration: Economic Analysis of Providing Public Counsel to Indigent Persons Subject to Immigration Removal Proceedings, NERA Economic Consulting, May 28, 2014, p. 5.

20 Ingrid Eagly and Steven Shafer, Access to Counsel in Immigration Court, American Immigration Council, September 28, 2016.

21 American Immigration Council, Immigrants and Families Appear in Court, July 30, 2019.

22 This would require amending 8USC 1231(b) to add anew paragraph stating that (4) Withholding of Removal for Low Priority Cases.The Secretary of Homeland Security may not remove an alien if the Secretary has affirmatively declined to pursue removal of the alien for not less than 24 months if the alien meets the requirements of paragraph (3)(B). Such alien shall apply to the Secretary to receive documentary authorization to reside indefinitely, be employed, and return to the United States after traveling abroad.

23 Shoba S. Wadhia, My Great FOIA Adventure and Discoveries of Deferred Action Cases at ICE, Georgetown Immigration Law Journal 27 (2013): 34585.

24 Griselda Nevarez, Arizona Woman Deported to Mexico despite Complying with Immigration Officials, Guardian, February 9, 2017.

25 United Nations High Commissioner for Refugees, How to Apply for Asylum, Withholding of Removal, and/or Protection under Article 3of the Convention Against Torture, October 2011.

26 For the Tax Court, see 26 USC sec. 74417487. For the only bill on the subject, see H.R. 185, 106th Congress, 1999. The Federal Bar Association has created model legislation as well: Federal Bar Association, Article IImmigration Court, 2020.

27 Government Accountability Office, Immigration Courts: Actions Needed to Reduce Case Backlog and Address LongStanding Management and Operational Challenges, GAO-17438, June 2017.

28 Government Accountability Office, Immigration Courts: Actions Needed to Reduce Case Backlog and Address LongStanding Management and Operational Challenges, GAO-17438, June 2017.

29 Immigration and Naturalization Service, Yearbook of Immigration Statistics (Washington: DOJ, 1992); Department of Homeland Security, Yearbook of Immigration Statistics (Washington: DHS, 2019); Department of Homeland Security, Legal Immigration and Status Report Quarterly Data, 2018; Nonimmigrant Visa Statistics, Department of State, 2020; Total CBP Enforcement Actions, Customs and Border Protection, 2019; Border Patrol, Nationwide Illegal Alien Apprehensions Fiscal Years 19252018, Department of Homeland Security, 2019; Border Patrol, Border Patrol Agent Nationwide Staffing by Fiscal Year, Department of Homeland Security, 2018; and Border Patrol Agents: Southern Versus Northern Border, Transactional Records Access Clearinghouse, 2006.

30 Philip Martin, Good Intentions Gone Awry: IRCA and U.S. Agriculture, Annals of the Academy of Political and Social Science 534 (July): 4457.

31 U.S. Citizenship and Immigration Services, Reports and StudiesUSCIS Program Reports: H-2B, 2020; and Government Accountability Office, Overstay Enforcement: Additional Actions Needed to Assess DHSs Data and Improve Planning for aBiometric Air Exit Program, GAO-13683, July 2013.

32 Amend 8USC 1151(b)(1) to add (F) Aliens who have been admitted to perform labor or services as nonimmigrants under section 101(a)(15) in not fewer than 10years.

33 Amend 8USC 1101(a)(15)(H)(ii) by striking of atemporary or seasonal nature.

34 Amend 8USC 1188(h) to insert (3) The period of employment or length of stay of anonimmigrant admitted under section 101(a)(15)(H)(ii) of this title may not be limited as long as such nonimmigrant remains employed pursuant to this section.

35 David J. Bier, H-2A Visas for Agriculture: The Complex Process for Farmers to Hire Agricultural Guest Workers, Cato Institute, Immigration Research and Policy Brief no. 17, March 10, 2020.

36 Amend 8USC 1188(a) to insert the language from Sec. 201 of Subtitle Aof Title II of H.R. 5038, Farm Workforce Modernization Act of 2019, 116th Congress, 2019.

37 Amend 8USC 1188(a) to add (3) In no year may the Secretary of Labor increase the required wage for an H-2A worker more than the percentage increase in the Consumer Price Index (CPI-U) or similar inflation measure in the prior year.

38 Amend 8USC 1188(c)(4) to add at the end: An employer may deduct not more than 50 percent of the market rate for housing and any required transportation expenses from the wage required under this section.

39 Amend 8USC 1188(a) to insert the language from Sec. 206 of Subtitle Aof Title II of H.R. 5038, Farm Workforce Modernization Act of 2019, 116th Congress, 2019, but without the numerical limitations.

40 Strike 8USC 1184(g)(1)(B).

41 Amend 8USC 1184(g)(9)(A) by striking fiscal year 2013, 2014, or 2015 and inserting in any of the prior 3fiscal years and striking during fiscal year 2016.

42 Amend 8USC 1184(c)(5) to insert: (C) As part of the consultation under this subsection, the Secretary of Labor shall certify ajob described under section 101(a)(15)(h)(ii)(B) as ajob for which unemployed persons capable of performing such service or labor cannot be found in this country if the job requires the applicant to commit to return to atemporary or seasonal position in successive years, and no such person committed to return.

43 78 FR 24047, April 24, 2013.

44 Amend 8USC 1182(p)(4) by adding at the end: The Secretary of Labor shall apply this paragraph to aliens entering under section 101(a)(15)(H)(ii)(B).

45 Subtitle Gof Title IV of S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Act, 113th Congress, 2013, is auseful starting point for such aprogram, but the caps should be eliminated.

46 Jeffrey S. Passel and DVera Cohn, Size of U.S. Unauthorized Immigrant Workforce Stable after the Great Recession, Pew Research Center, November 3, 2016.

47 United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment codified through the Foreign Affairs Reform and Restructuring Act of 1998 (Title II, Subtitle C, Division Gof P.L. 10527); and 1967 United Nations Protocol Relating to the Status of Refugees.

48 Jaya RamjiNogales, NonRefoulement under the Trump Administration, ASIL Insights 23, no. 11 (December 3, 2019).

49 Shaw Drake et al., Re: CBPs Unlawful Turn Back of Mexican Asylum Seekers at Ports of Entry, American Civil Liberties Union of Texas, November 14, 2019.

50 Amend 8USC 1225(b)(1)(A)(ii) by adding at the end: Officers may not block an alien from reaching aport of entry to seek to apply for asylum or express afear of return.

51 Strike subparagraph (C) of 8USC 1158(b).

52 Amend 8USC 1225(b)(B)(ii) by inserting at the end or, if the alien sought entry at aport of entry, paroled into the United States for athreeyear period subject to renewal for as long as the officer determines that the alien has acredible fear of persecution. Amend 8USC 1182(d)(5)(B) by adding at the end or is an applicant for asylum at aport of entry who an officer has determined has acredible fear of persecution. Amend 8USC 1158(d)(2) by adding at the end: An applicant who an officer determines to have acredible fear of persecution shall be authorized to be employed in the United States at such time.

53 State Department, Refugee Admissions by Region, 2020.

54 State Department, Refugee Admissions by Region, 2020.

55 David J. Bier, Encouraging Findings of the Trump Administrations Report on Refugees and Asylees, Cato at Liberty (blog), February 12, 2019.

56 Recommendation #22: Amend 8USC 1157(a)(2) by adding but not less than 95,000. Section 2of H.R. 2146, GRACE Act, 116th Congress, 2019, includes this.

57 Amend 8USC 1157 by inserting at the end: (g) Private sponsorship.A citizen of the United States described in paragraph (3) may file apetition to the Secretary to privately sponsor for resettlement in the United States arefugee and any spouse or minor children of the refugee if the citizen pays aprocessing fee to cover the cost of adjudication of the petition and all costs related to the admission of the refugee and submits an affidavit of support on behalf of the alien described in 8USC 1183a. Such arefugee shall not be considered aqualified alien for purposes of 8USC 1612 or 8USC 1613.

58 Amend 8USC 1151(b)(1) by inserting at the end: (F) An alien described in section 203(a) who is arefugee as defined in section 101(a)(42) and is the beneficiary of an approved immigrant petition under section 204(a). For more about this proposal, see David J. Bier, How to Save Refugees with U.S. Ties, Cato at Liberty (blog), July 20, 2016.

59 State Department, Annual Report of Immigrant Visa Applicants in the FamilySponsored and EmploymentBased Preferences Registered at the National Visa Center as of November 1, 2019, 2020.

60 David J. Bier, Immigration Wait Times from Quotas Have Doubled: Green Card Backlogs Are Long, Growing, and Inequitable, Cato Institute, Policy Analysis no. 873, June 18, 2019.

61 Strike 8USC 1152(b) through (e).

62 Amend 8USC 1151(c)(1)(B) by striking 226,000 divided by 328 million times the population of the United States as estimated by the United States Census Bureau in the most recent fiscal year. Convert the absolute values in 8USC 1153(a) to percentages.

63 Amend 8USC 1153(d) by inserting at the end: Such spouse or child shall not be charged against the numerical limitations in this section or section 201.

64 Amend 8USC 1151(b)(2)(A)(i) by striking the children, spouses, and parents of acitizen of the United States and inserting the children and spouses of acitizen or legal permanent resident of the United States and parents of acitizen of the United States. In 8USC 1153(a), in paragraph (1), strike 23,400 and insert 20 percent of such worldwide level; in paragraph (2), strike subparagraph (A), 114,200, and all that follows and insert 20 percent of such worldwide, plus any visas not required for the class specified in paragraph (1); in paragraph (3), strike 23,400 and insert 20 percent of such worldwide level; and in paragraph (4), strike 23,400 and insert 40 percent of such worldwide level.

65 Amend 8USC 1151(b)(1) by inserting at the end (F) Aliens who are beneficiaries (including derivative beneficiaries) of approved immigrant petitions bearing priority dates more than 10years prior to the aliens application for admission as an immigrant or adjustment of status.

66 Amend 8USC 1612, 8USC 1613, and 42 USC 402(t)

67 Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104193, August 22, 1996.

68 George Borjas, Does Welfare Reduce Poverty?, Research in Economics 70, no. 1 (2016): 14357.

69 National Academies of Sciences, Engineering, and Medicine, The Economic and Fiscal Consequences of Immigration (Washington: The National Academies Press, 2017), p. 445.

70 See cost too much question in Gallup, Immigration, 2020.

71 Alex Nowrasteh, Immigrants Are Attracted to Jobs, Not Welfare, Cato at Liberty (blog), March 25, 2013.

72 Alex Nowrasteh, Boost Highly Skilled Immigration, Cato Institute Online Forum, November 17, 2014.

73 Department of Homeland Security, Yearbook of Immigration Statistics 2018 (Washington: DHS, 2019), Table 7.

74 Alex Nowrasteh, EmploymentBased Green Cards Are Mostly Used by Family Members, Cato at Liberty (blog), July 7, 2016.

75 PL 101649, Immigration Act of 1990, November 29, 1990.

76 David J. Bier, Backlog for Skilled Immigrants Tops 1Million: Over 200,000 Indians Could Die of Old Age While Awaiting Green Cards, Cato Institute, Immigration Research and Policy Brief no. 18, March 30, 2020.

77 David J. Bier, Backlog for Skilled Immigrants Tops 1Million: Over 200,000 Indians Could Die of Old Age While Awaiting Green Cards, Cato Institute, Immigration Research and Policy Brief, No. 18.

78 To eliminate the country caps, amend 8USC 1152(a)(2) in the paragraph heading by striking AND EMPLOYMENT-BASED; by striking (3), (4), and (5) and inserting (3) and (4); by striking subsections (a) and (b) of section 203 and inserting section 203(a); and by striking such subsections and inserting such section. See generally H.R. 1044, Fairness for HighSkilled Immigrants Act of 2019, 116th Congress, 2019.

79 Amend 8USC 1153(d) by inserting at the end: Such spouse or child shall not be charged against the numerical limitations in this section or section 201.

80 Amend 8USC 1151(b)(1) by adding at the end: (F) An alien who (I) has earned amasters or higher degree in afield of science, technology, engineering, or mathematics included in the Department of Educations Classification of Instructional Programs taxonomy within the summary groups of computer and information sciences and support services, engineering, mathematics and statistics, biological and biomedical sciences, and physical sciences, from aUnited States institution of higher education; and (II) has an offer of employment from aUnited States employer in afield related to such degree.

81 Move 8USC 1153(b)(1) to 8USC 1151(b)(1) at the end and update the percentages in 8USC 1153(b)(2) through (5).

82 Amend 8USC 1151(d) by adding at the end: (3) The amount computed under paragraph (1) and this paragraph for the prior fiscal year shall be adjusted annually in proportion to the percentage increase or decrease in the Gross Domestic Product of the United States in the prior year, as determined by the Bureau of Economic Analysis of the Department of Commerce.

83 Amend 8USC 1151(b)(1) by adding at the end: (F) Aliens who are beneficiaries (including derivative beneficiaries) of approved immigrant petitions bearing priority dates more than 5years prior to the adjustment of status of the alien.

84 This could be accomplished in anumber of ways. One proposal passed the Senate in Subtitle Cof Chapter 3of Title II of the Border Security, Economic Opportunity, and Immigration Modernization Act, S. 744, 113th Congress, 2013.

85 David J. Bier, What Factors Should an Immigration Points System Include?, Cato at Liberty (blog), May 23, 2019.

86 Amend 8USC 1184(g)(1)(A) by striking 65,000 and inserting 275,000. Note that 275,000 is the highest number of H-1B applications received in asingle year. U.S. Citizenship and Immigration Services, FY 2021H-1B Cap Petitions May Be Filed as of April 1, April 1, 2020.

87 Amend 8USC 1184(g) by adding: (12) The amount computed under paragraph (1) and this paragraph for the prior fiscal year shall be adjusted annually in proportion to the percentage increase or decrease in the Gross Domestic Product of the United States in the prior year, as determined by the Bureau of Economic Analysis of the Department of Commerce.

88 David J. Bier, DOLs H-1B Wage Rule Massively Understates Wage Increases by up to 26 Percent, Cato at Liberty (blog), October 9, 2020; and David J. Bier, DOL Said Its H-1B Wage Rule Should Cost Many Employers $0 but It Imposed Billions in Costs Anyway, Cato at Liberty (blog), October 15, 2020.

89 Amend 8USC 1182(p)(4) by adding at the end: If the survey fails to include information about experience, education, and the level of supervision, the Secretary shall treat the average of the bottom third of wages in the occupation in the area of intended employment to be the entry level wage and the average of all other wages to be the highest wage level.

90 Amend 8USC 1182(n) by adding at the end: (6) The requirements of this subsection shall only apply to an employer seeking to admit anonimmigrant under section 101(a)(15)(H)(i)(b) for the first time, not to subsequent employers of the worker.

91 Amend 8USC 1184(g)(4) by adding at the end: but such anonimmigrant may not receive status for aperiod of less than 3years.

92 Amend 8USC 1184(c)(2)(E) by striking spouse and inserting spouse or child and striking section 101(a)(15)(L) and inserting subparagraphs (H)(i)(b) or (L) of section 101(a)(15).

93 Amend 8USC 1154(a)(1)(F) by inserting Such an alien may file apetition if the alien has been employed by aUnited States employer for not less than 1year. Amend 8USC 1182(a)(5)(D) by adding at the end: unless the alien has been employed in the United States for more than 1year.

94 This could be accomplished in the Canadian model, which has provinces sponsor immigrants for permanent residence, or as temporary residents under H.R. 5174, State Sponsored Visa Pilot Program Act of 2019, 116th Congress, 2019.

95 David J. Bier, Chapter 5: StateSponsored Visas, 12 New Immigration Ideas for the 21st Century, Cato Institute, May 13, 2020.

96 David J. Bier, No Year Has Seen Legal Immigration Cut Like the 2nd Half of FY 2020, Cato at Liberty (blog), October 13, 2020.

97 Amend 8USC 1152(a)(1)(A) by inserting or anonimmigrant visa, admission or other entry into the United States, or the approval or revocation of any immigration benefit after immigrant visa; by inserting religion after sex; and by inserting except if expressly required by statute or if astatutorily authorized benefit takes into consideration such factors before the period at the end.

98 Use section 3of the H.R.2214, NO BAN Act, 116th Congress, 2019.

99 Use Title II of H.R.750, Save America Comprehensive Immigration Act of 2007, 110th Congress, 2007.

100 8USC 1103 by inserting at the end: (h) Authorities.The Secretary of Homeland Security, Secretary of State, and Attorney General may restrict the rights or privileges of persons detailed under this Act only if such restriction is narrowly tailored, using the least restrictive means, to achieve acompelling government interest and carried out in accordance with all statutory requirements of this Act.

See more here:
Reforming the Immigration System: A Brief Outline - Cato Institute