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Thursday, January 14, 2021

Great cause, misplaced approach

 Editorial for Improve the Dream. (https://www.improvethedream.org/)

US immigration policy is a travesty to say the least.  Why a skilled worker / entrepreneur has to wait for decades to obtain residency is beyond me. After all, the mission statement for any immigration system is to attract and retain productive immigrants.

 

For what it's worth, you can count on my support to ImprovetheDream. E2/H4 child dependents should not have to face a situation where they "age-out" at 21 and have two choices - self-deport from a country in which they spent their formative years or go out of status. This is an ugly decision point. 

 

Having said that, I do not agree with your approach. For any cause to find a fruitful conclusion, it must first find its own voice and avenue toward justice. However, the first sentence on your website explaining the cause mentions DACA and Dreamers. This emphasis on a parallel fight by DACA risks reducing your cause to a mere "if undocumented immigrants can get work permits and fight for green cards, why shouldn't we be included in their fight."

 

That is not good enough. That is, sorry to say, piggy-backing.

 

The similarities in your cause and DACA's end at the word "childhood". The two groups have lived and led completely polar opposite journeys.

 

The reason DACA recipients are afforded work permits upon turning 18 and in-state tuition (in some states) is because they grew up in a household with undocumented parents with average annual income of around $36,000. It is driven by "economic necessity" (USCIS term). To request a work permit, a DACA recipient has to submit a worksheet (a balance sheet) with household income, assets, and expenses. USCIS uses this worksheet to adjudicate work permit cases.

 

Average household income of employment based visa holders is well above $100,000. And this number is at best on the lower range. Therefore, annual income, assets (most visa holders have multiple cars, own single family homes, etc.), and expenses will not justify economic necessity. The stress is on the term "necessity".

 

A DACA recipient may not leave the country but for exceptional reasons with no guarantee of being allowed to re-enter. If denied reentry, they face a minimum 10 year ban from a country they've called home (even after that, chances of being granted a temporary visa are slim).

 

Child dependents for visa holders do not face such unreasonable travel restrictions.

 

If not for DACA, these recipient would have two choices: continue to live under the shadows and never be able to pursue a professional career, or, leave the country and not be allowed reentry for at least 10 years .

 

Child dependents of visa holders have a path to transfer to another visa (like student, etc.) and eventually be able to acquire a work visa.  But most importantly, if they choose to leave the country, they are not barred from coming back.  These are not desirable choices, but any objective observer would pick these over the choices granted to an undocumented youth.

 

ImprovetheDream is not asking to be equated to DACA. It is not asking for a work permit until parents are granted green cards.  The ask is to be allowed to join the fight of DACA recipients close to the finish line. The ask it to be put on a path to a green card, when the journey to the finish line for these two groups was completely different. 

 

I would like to reiterate that if it was up to my vote, I would vote to give green cards to both DACA and child dependents of visa holders because it is the right thing to do and beneficial to the US.  But the reason your movement has not gained such traction as that of DACA's and is overtly not included in any immigration reform is precisely because your cause is out of focus. Your movement needs its story independent of DACA. That journey will reveal that the cause for aging-out is absurd wait times involved for residency for parents. That is what needs to be fixed.

 

Unless the movement embraces its story, which will lead to its own path, it won't get the support from the "immigration reform" movement. You will end up with support of only the likes of Senator Rand Paul who have a fairly unsuccessful track record of getting anything passed.

 

Fight for shorter green card waiting times for parents (which I support), and not for inclusion in the DACA population. Yours is not their journey, and theirs is not yours.

 

Best of luck. 

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