Letterhead January 23, 2015 Dear Ms. Kavaloski, Thank you for contacting me regarding the executive order issued by President Obama to defer deportations for certain undocumented immigrants. I appreciate hearing from you on this important issue. On November 20, 2014, the president announced that he was taking executive action to address our nations broken immigration system after the House failed to take up the bipartisan comprehensive immigration reform legislation that passed in the Senate in June of 2013. The executive action directs the Department of Homeland Security (DHS) to temporarily defer deportations for undocumented immigrants who meet very specific criteria. Individuals who qualify under the program must demonstrate that they have lived in the U.S. for more than five years and are the parent of a U.S. citizen or Lawful Permanent Resident. Qualifying individuals will also need to pass criminal and national security background checks. Individuals will be able to apply to temporarily stay in the U.S. for a three-year period. Since Congress passed the first comprehensive immigration law in 1952, all eleven presidents have used their executive authority to allow certain individuals to temporarily enter or remain in the U.S. In 1990, President George H. W. Bush enacted a similar initiative, which made 1.5 million spouses and children of immigrants who had gained legal status under the Immigration Reform and Control Act of 1986, then 40 percent of the total undocumented population, eligible for deferred action until Congress passed legislation to grant them a pathway to legalization. President Obama previously used deferred action authority in 2012, when he enacted the Deferred Action for Childhood Arrivals (DACA) program. Under DACA, certain individuals who were brought to the United States illegally as children and met other criteria were considered for relief from removal. Under this new executive action, the president has removed DACAs previous age cap and expanded the program to include those who arrived before 2010. In addition to exercising his deferred action authority, the president announced reforms to strengthen border security. The administration will order immigration authorities to shift enforcement actions away from established families and toward recent arrivals and felons with serious criminal convictions. DHS will end the Secure Communities program and replace it with a new Priority Enforcement Program to reflect the new enforcement priorities. The executive action also modernizes and clarifies legal immigration regulations aimed at bringing in and retaining high-skilled foreign workers to grow our economy and create jobs. U.S. Citizenship and Immigration Services (USCIS) will work on a case-by-case basis with the State Department to improve immigrant visa programs for foreign inventors, entrepreneurs, and researchers who show the promise of creating American jobs. Spouses of high skilled H-1B visa holders and recent graduates of American universities will also receive greater access to work visas. While I believe the presidents actions represent reasonable enforcement priorities given our broken immigration system, I still strongly believe that Congress must pass comprehensive reform legislation. As you are probably aware, in June 2013, the Senate passed a comprehensive immigration reform bill, S. 744, with a bipartisan 68 to 32 vote, with my vote in favor. Neither the Senate bill nor any alternative immigration reform legislation was ever taken up in the House of Representatives. S. 744 laid out an earned pathway to citizenship for undocumented individuals that would have required passing background checks, remaining employed, paying fines and owed taxes, and learning English. It also made significant investments in improving infrastructure and increasing technology and personnel along the border. Reports indicate that the presidents actions would apply to 40,000 people in New Mexico and millions more around the country who are living in immigration limbo while they work and raise families here in the United States. Deporting these children and families isnt a realistic option. With his executive action, the president is offering a temporary solution to keep families together, give employers who hire workers with visas more certainty about their workforce, and devote our limited resources to deporting dangerous criminals. Our current immigration system must be reformed, and I do not believe a piecemeal approach will result in the overhaul we need. I will continue to urge both houses to pass a comprehensive immigration bill in the new Congress to finally fix our broken immigration system. Thank you again for sharing your thoughts with me. Please feel free to contact me with your concerns regarding any federal issue by visiting my website at tomudall.senate.gov. For more information, you may also visit my Facebook page at https://facebook/senatortomudall and receive up to the minute updates through my Twitter page at twitter/senatortomudall. Very truly yours, Signature Tom Udall United States Senator
Posted on: Sun, 25 Jan 2015 12:55:31 +0000
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