ShareThisMeasure is make or break for the Republicans
SAN FRANCISCO/NEW YORK – Chances for the passage of the immigration reform bill in the House of Representatives continue to improve as Republicans admitted that they support reforms to benefit millions of undocumented aliens in US.
With both parties in the U.S. Congress looking hard at immigration reform, experts said no bill will pass that does not include a path to citizenship for around 11 million undocumented workers.
“Democrats will not accept a bill without a pathway to citizenship,” said Darrell West, a senior fellow at the Washington-based think tank Brookings Institution.
Immigration reform is a make-or-break issue for Republicans, and the Republican Party insiders say the leadership understands it needs to get more Hispanic voters on board or risk losing this important demographic. Passing an immigration bill could be a much hoped-for door opener to allow the GOP to make inroads with Hispanics.
Latinos, who comprise a major voting block in the United States, favor immigration reform, and voted overwhelmingly in favor of Democrats in last year’s presidential election.
With 50,000 Hispanics reaching voting age every month, analysts say Republicans can no longer rely solely on white voters to win elections, according to the recent U.S. census.
Meanwhile, regardless of priority date, spouses and minor children who are under a petition by a green card holder could be immediately eligible for adjustment of status beginning next month, according to immigration lawyer Michael Gurfinkel.
This as gays and lesbians in the United States can seek fiance visa for their “loved ones” in the Philippines and elsewhere after the US Supreme Court ruled that a section of the Defense of Marriage Act was unconstitutional, paving the way for same sex marriage.
In accordance with President Barrack Obama’s directive to federal agencies to implement policies consistent with the ruling, Homeland Security Department Secretary Janet Napolitano directed the United States Citizenship and Immigration Services (USCIS) to “review immigrant visa petitions filed on behalf of a same sex spouse in the same manner as those filed on behalf of an opposite sex spouse.”
Essentially, this means that for all practical purposes, even for non-immigrant visas, same sex marriage alien spouses will have the same equal benefits as opposite sex alien spouses: Working Visas, Investors Visas, Exchange Visitors Visas, Entertainers Visas, Religious Visas, etc., according to prominent immigration lawyer and Philippines Today columnist Ted Laguatan.
Laguatan said in removal cases in Immigration Court, alien respondents who are the same sex spouses of U.S. citizens may use their marital relationship as a defense utilizing it for various applications for relief from deportation (removal) when applicable.
Laguatan, however, stressed that immigration benefits will be available to same sex alien spouses of U.S. citizens if their marriage took place in a state or country where same sex marriages are considered legal.
Laguatan said the new USCIS policy on same sex marriages does not mean that a gay could marry his boyfriend in the Philippines and then file an immigrant visa petition for him. Such a marriage could not be used because same sex marriages are not legal in the Philippines, he said.
He said a gay US citizen could file a fiancée visa petition for his boyfriend in the Philippines or elsewhere so they could marry in US where same sex marriage is legal. After the marriage, the citizen could petition his “hubby.”
Gurfinkel said that regardless whenever the petition was filed, “you can now file for adjustment of status, work authorization, obtain a driver’s license, social security number if you’re otherwise eligible.”
Gurfinkel added that it’s almost like a U.S. Citizen petitioning for a spouse or minor child — the visas are immediately available.
A visa blog states that a large amount of F2A visas were wasted from 2009 to 2012, so by making it current, these visas would be put to use.
Gurfinkel said this is also true for same-sex married couples.
Earlier, Rep. Nancy Pelosi of San Francisco pitched for an immigration system overhaul by rallying the House of Representatives to approve the immigration reform bill earlier approved by the US Senate.
The open support to the bill of Pelosi, formerly Speaker of the House and now its minority leader, buoyed hopes for some 11 to 15 million undocumented residents, many of them Latinos and Filipinos, who had long waited for the legalization of their stay in US.
This developed as Filipinos in the Philippines and the Filipino-Americans in the United States lauded the US Senate for approving the comprehensive immigration reform bill.
Sixty eight members of the US Senate, Republicans and Democrats, voted to approve the immigration reform measures during a session on June 27 (US time).
U.S. President Barack Obama immediately lauded the US Senate for its support to immigration reforms as he called on leaders to continue their vigilance because the measures are not yet formally made into law.
“Today, with a strong bipartisan vote, the United States Senate delivered for the American people, bringing us a critical step closer to fixing our broken immigration system once and for all,” Obama said.
In commending the US Senate, the National Federation of Filipino-American Associations (NaFFAA) stated that the bill “is of critical importance to our community.”
“We join our friends and Asian Pacific American Islander coalition partners in hailing the passage by the U.S. Senate of a comprehensive immigration measure that is of critical importance to our community,” said NaFFAA National Chair Ed Navarra.
According to NaFFAA spokesperson Bing Branigin, Navarra added: “The approved legislation would fix a broken system that will finally allow families that have spent more than 20 years waiting to be reunited. There is an urgency for this bill to become law especially for our aging World War II veterans who fought for this country’s freedom. Many of them may not live to see another day and be with their loved ones.”
“We are also heartened that 11 million undocumented immigrants will now have the chance to come out of the shadows and become U.S. citizens,” Navarra stressed.” Like many of us, they came to America to seek better opportunities and a secure future for their children. They have also been constructive and productive in many ways, strengthening families and communities and helping build this proud nation of immigrants.”
Pelosi especially directed her call for support to the Republicans who control the House of Representatives.
She claimed that the Republicans have no choice but to do it if they want to have a chance at winning the White House.
According to an earlier report, for Republicans in the lower chamber of the US Congress, the bill is considered dead.
The bill is already dead on arrival in the Chamber, said House Speaker John Boehner.
Boerhner stressed that the House “is not going to take up and vote on whatever the Senate passes.”
Navarra points out that of the millions of people without legal papers, two percent or 270,000 are Filipino nationals. Others said the figures maybe 500,000 while others suggest it maybe about one million.
“As Ambassador Jose L. Cuisa stated recently, these kababayans don’t deserve to be mistreated. They have contributed immensely to US society through their talent, expertise, persistence and hard work,” he said.
Navarra also noted that another feature of the legislation that will benefit Filipinos significantly is the 5-year path to citizenship for DREAMers, young people who grew up American but are undocumented.
Filipino American journalist Jose Antonio Vargas is the most prominent face and voice of these DREAMers.
Before coming out two years ago, Vargas spoke before NaFFAA’s national board of directors in Las Vegas and explained the momentous decision he was about to make. Vargas, who came to the US when he was only 12 years old, was warmly embraced and assured of the community’s support. The Filipino American Legal Defense and Education Fund (FALDEF), a NaFFAA affiliate, has since provided guidance and counsel to Vargas.
“Now that the Senate has done its part, we want to thank U.S. Senator Maizie K. Hirono of Hawaii for her valuable hard work in the senate judiciary committee,” Navarra states. “As the U.S. Senate’s only immigrant, Sen. Hirono fought for amendments that protect immigrant women and families, working closely with colleagues to shape a bill that is fair and humane. We also thank the many leaders, activists and advocates in the APIA community, notably the Asian American Justice Center (AAJC) and the Filipinos for Family Reunification, for their leadership throughout the legislative process.”
Besides Pelosi, many analysts and Republican insiders contend immigration reform a top concern for the nation’s large Hispanic voting block is a make-or-break issue for the GOP after losing 71 percent of that demographic in November’s presidential elections.
Republicans are struggling to re-define themselves as more inclusive of minorities at a time when U.S. census records show whites are steadily becoming a minority.
With 50,000 Hispanics reaching voting age every month in the United States, analysts say the party risks becoming obsolete without more support from Hispanics and other minorities
“This would also benefit people in same-sex marriages as a result of the Supreme Court striking down DOMA, as long as the person was married in a state that recognizes same-sex marriage,” he said.
But there are certain restrictions that apply to this family-based petition category.
“If a person is out of status or they jumped ship or entered the U.S. without inspection, but do not have the benefit of Section 245-I, that may affect their ability to be eligible for adjustment of status through a spouse who is a green card holder,” explained Gurfinkel.
But Gurfinkel said there are consequences for those who abuse this privilege.
“If a couple is in a fixed-marriage, whether it’s same-sex or opposite-sex, there are severe consequences. As far as immigration goes, it results in a life-time ban. No further petitions could ever be approved if they are found in a fixed-marriage,” he said.
Spouses and children of green card holders who have pending F2A petitions must act quickly to take advantage of this opportunity before the priority dates retrogress.