Sensible immigration proposal

This proposal was written by an immigration attorney in an effort to rectify the current humanitarian crisis at the border. He has practiced immigration law for many years. Please sign this to get congress to consider enacting these measures.

Attorney: I think something like this would instantly relieve the pressure at the border, would allow for reasonable checking of individuals, would provide an orderly process to come to the U.S. on terms that benefit everyone, and gives a mechanism to remove problems. This would also greatly reduce the burdens on the Immigration Courts as well as the Circuit Courts of Appeals.

CARE Act

Central American Relief Establishment Act

1. The U.S. recognizes that the governments of El Salvador, Honduras, and Guatemala are unwilling or incapable of protecting their citizens from groups seeking to inflict violence on their people.

2. The U.S. recognizes that the economies of El Salvador, Honduras, and Guatemala are inadequate to provide adequate employment for those seeking to support themselves and their dependents.

3. Establish a visa category for those wanting to seek employment in the U.S.

4. The number of such visas will be capped at the unemployment rate in as determined by the Secretary of the Labor on an annual basis.

5. Such visas are for lawful temporary residence and will permit the individual and spouse and children to live and work in the U.S. for a period of seven years. Such status may be renewed every seven years.

6. At any time after ten years of temporary residence the person may apply for permanent residence under the normal terms and conditions set forth in INA 245.

7a. No temporary resident is eligible for any Federal means tested benefits except for emergency medical benefits. Receipt of federal benefits (other than emergency medical benefits) is a removable offense.

7b. Failure to file Federal tax returns disqualifies the person for status renewal and is a removable offense

7c. Temporary residents are subject to revocation of status and removal for violating INA 212 or INA 237 as pertaining to inadmissibility and removability.

8. No person who is part of a gang may be approved.

9. Past gang membership of at least 5 years prior requires a waiver at the discretion of the Secretary of State.

10. Any person in such status who is convicted of a felony is subject to removal. Such proceedings will be limited to consideration of the following: has the person been convicted; does the person have permanent resident or U.S. Citizen status. If convicted and not a LPR or USC, said person shall be ordered removed.

11. Any person in such status who is convicted of 1 or more misdemeanors ( this number could be increased or it could allow for an exemption to apply as is current law ) is subject to removal. However, such persons are eligible for voluntary departure. If the person has ten or more years of temporary residence, the person may also seek, adjustment of status, and/or cancellation of removal. Hardship for cancellation of removal may be to the person, spouse, children, or USC or LPR parents.

12. As an alternative to an economic temporary resident visa, individuals from El Salvador, Honduras, or Guatemala may seek Temporary Protected Status in the U.S. Such individuals must present themselves at a POE and declare that they are requesting TPS.

13. If the individual passes a credible fear interview, and is not inadmissible as a criminal or member of a criminal enterprise they will be admitted as TPS.

14. TPS will be recognized until such time as the Secretary of State, the Secretary of DHS, and the Secretary of Defense certify that the government of such a country is now in control of the groups inflicting violence and has been in control for a period of five years. Such certification must be presented to the House and Senate for concurrence of removing the TPS eligibility.

15. Any adult persons in TPS status who desire a permanent grant of protection must apply for asylum within two years of admission into TPS. Minors who enter with TPS must apply no later than age 23

16. Admission as TPS is an admission for INA purposes and the person may apply for adjustment under INA 245.

17. Any persons in TPS status may have their status revoked and be subject to removal for convictions. Such a person may apply for asylum or for cancellation of removal or for relief under the CAT.

18. Paragraph 7 as to benefits, tax returns, and INA 212 and INA 237 apply to TPS holders under this Act as well.

19. Paragraphs 8-9 apply to TPS holders under this Act as well.

20. There shall be no fee for asylum or TPS applicants.

21. There shall be a fee of $1,000 for the principal applicant and $200.00 for each derivative applicant for the economic temporary resident visa.

22. Derivative applicants may apply at the time of the principal or at any time after while the principal is in valid temporary resident status.