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Entries in Citizenship (1)

Wednesday
Jan302013

FACT SHEET: Fixing our Broken Immigration System so Everyone Plays by the Rules

The White House

Office of the Press Secretary

America’s immigration system is broken. Too many employers game the system by hiring undocumented workers and there are 11 million people living in the shadows. Neither is good for the economy or the country.

It is time to act to fix the broken immigration system in a way that requires responsibility from everyone —both from the workers here illegally and those who hire them—and guarantees that everyone is playing by the same rules.

President Obama’s commonsense immigration reform proposal has four parts. First, continue to strengthen our borders. Second, crack down on companies that hire undocumented workers. Third, hold undocumented immigrants accountable before they can earn their citizenship; this means requiring undocumented workers to pay their taxes and a penalty, move to the back of the line, learn English, and pass background checks. Fourth, streamline the legal immigration system for families, workers, and employers.

Together we can build a fair, effective and commonsense immigration system that lives up to our heritage as a nation of laws and a nation of immigrants.

The key principles the President believes should be included in commonsense immigration reform are:

  • Continuing to Strengthen Border Security: President Obama has doubled the number of Border Patrol agents since 2004 and today border security is stronger than it has ever been. But there is more work to do. The President’s proposal gives law enforcement the tools they need to make our communities safer from crime. And by enhancing our infrastructure and technology, the President’s proposal continues to strengthen our ability to remove criminals and apprehend and prosecute national security threats.

  • Cracking Down on Employers Hiring Undocumented Workers: Our businesses should only employ people legally authorized to work in the United States. Businesses that knowingly employ undocumented workers are exploiting the system to gain an advantage over businesses that play by the rules. The President’s proposal is designed to stop these unfair hiring practices and hold these companies accountable. At the same time, this proposal gives employers who want to play by the rules a reliable way to verify that their employees are here legally.

  • Earned Citizenship: It is just not practical to deport 11 million undocumented immigrants living within our borders. The President’s proposal provides undocumented immigrants a legal way to earn citizenship that will encourage them to come out of the shadows so they can pay their taxes and play by the same rules as everyone else. Immigrants living here illegally must be held responsible for their actions by passing national security and criminal background checks, paying taxes and a penalty, going to the back of the line, and learning English before they can earn their citizenship. There will be no uncertainty about their ability to become U.S. citizens if they meet these eligibility criteria. The proposal will also stop punishing innocent young people brought to the country through no fault of their own by their parents and give them a chance to earn their citizenship more quickly if they serve in the military or pursue higher education.

  • Streamlining Legal Immigration: Our immigration system should reward anyone who is willing to work hard and play by the rules. For the sake of our economy and our security, legal immigration should be simple and efficient. The President’s proposal attracts the best minds to America by providing visas to foreign entrepreneurs looking to start businesses here and helping the most promising foreign graduate students in science and math stay in this country after graduation, rather than take their skills to other countries. The President’s proposal will also reunify families in a timely and humane manner.

Continuing to Strengthen Border Security

  • Strengthen border security and infrastructure. The President’s proposal strengthens and improves infrastructure at ports of entry, facilitates public-private partnerships aimed at increasing investment in foreign visitor processing, and continues supporting the use of technologies that help to secure the land and maritime borders of the United States.

  • Combat transnational crime. The President’s proposal creates new criminal penalties dedicated to combating transnational criminal organizations that traffic in drugs, weapons, and money, and that smuggle people across the borders. It also expands the scope of current law to allow for the forfeiture of these organizations’ criminal tools and proceeds. Through this approach, we will bolster our efforts to deprive criminal enterprises, including those operating along the Southwest border, of their infrastructure and profits.

  • Improve partnerships with border communities and law enforcement. The President’s proposal expands our ability to work with our cross-border law enforcement partners. Community trust and cooperation are keys to effective law enforcement. To this end, the U.S. Department of Homeland Security (DHS) will establish border community liaisons along the Southern and Northern borders to improve communication and collaboration with border communities, boost funding to tribal government partners to reduce illegal activity on tribal lands, and strengthen training on civil rights and civil liberties for DHS immigration officers.

  • Crack down on criminal networks engaging in passport and visa fraud and human smuggling. The President’s proposal creates tough criminal penalties for trafficking in passports and immigration documents and schemes to defraud, including those who prey on vulnerable immigrants through notario fraud. It also strengthens penalties to combat human smuggling rings.

  • Deporting Criminals. The President’s proposal expands smart enforcement efforts that target convicted criminals in federal or state correctional facilities, allowing us to remove them from the United States at the end of their sentences without re-entering our communities. At the same time, it protects those with a credible fear of returning to their home countries.

  • Streamline removal of nonimmigrant national security and public safety threats. The President’s proposal creates a streamlined administrative removal process for people who overstay their visas and have been determined to be threats to national security and public safety.

  • Improve our nation’s immigration courts. The President’s proposal invests in our immigration courts. By increasing the number of immigration judges and their staff, investing in training for court personnel, and improving access to legal information for immigrants, these reforms will improve court efficiency. It allows DHS to better focus its detention resources on public safety and national security threats by expanding alternatives to detention and reducing overall detention costs. It also provides greater protections for those least able to represent themselves.

Cracking Down on Employers Who Hire Undocumented Workers

  • Mandatory, phased-in electronic employment verification. The President’s proposal provides tools for employers to ensure a legal workforce by using federal government databases to verify that the people they hire are eligible to work in the United States. Penalties for hiring undocumented workers are significantly increased, and new penalties are established for committing fraud and identity theft. The new mandatory program ensures the privacy and confidentiality of all workers’ personal information and includes important procedural protections. Mandatory electronic employment verification would be phased in over five years with exemptions for certain small businesses.

  • Combat fraud and identity theft. The proposal also mandates a fraud‐resistant, tamper‐resistant Social Security card and requires workers to use fraud‐and tamper‐resistant documents to prove authorization to work in the United States. The proposal also seeks to establish a voluntary pilot program to evaluate new methods to authenticate identity and combat identity theft.

  • Protections for all workers. The President’s proposal protects workers against retaliation for exercising their labor rights. It increases the penalties for employers who hire undocumented workers to skirt the workplace standards that protect all workers. And it creates a “labor law enforcement fund” to help ensure that industries that employ significant numbers of immigrant workers comply with labor laws.

Pathway to Earned Citizenship

  • Create a provisional legal status. Undocumented immigrants must come forward and register, submit biometric data, pass criminal background and national security checks, and pay fees and penalties before they will be eligible for a provisional legal status. Agricultural workers and those who entered the United States as children would be eligible for the same program. Individuals must wait until the existing legal immigration backlogs are cleared before getting in line to apply for lawful permanent residency (i.e. a “green card”), and ultimately United States citizenship. Consistent with current law, people with provisional legal status will not be eligible for welfare or other federal benefits, including subsidies or tax credits under the new health care law.

  • Create strict requirements to qualify for lawful permanent resident status. Those applying for green cards must pay their taxes, pass additional criminal background and national security checks, register for Selective Service (where applicable), pay additional fees and penalties, and learn English and U.S. civics. As under current law, five years after receiving a green card, individuals will be eligible to apply for U.S. citizenship like every other legal permanent resident.

  • Earned citizenship for DREAMers. Children brought here illegally through no fault of their own by their parents will be eligible for earned citizenship. By going to college or serving honorably in the Armed Forces for at least two years, these children should be given an expedited opportunity to earn their citizenship. The President’s proposal brings these undocumented immigrants out of the shadows.

  • Create administrative and judicial review. An individual whose provisional lawful status has been revoked or denied, or whose application for adjustment has been denied, will have the opportunity to seek administrative and judicial review of those decisions.

  • Provide new resources to combat fraud. The President’s proposal authorizes funding to enable DHS, the Department of State, and other relevant federal agencies to establish fraud prevention programs that will provide training for adjudicators, allow regular audits of applications to identify patterns of fraud and abuse, and incorporate other proven fraud prevention measures.

Streamlining Legal Immigration

  • Keep Families Together. The proposal seeks to eliminate existing backlogs in the family-sponsored immigration system by recapturing unused visas and temporarily increasing annual visa numbers. The proposal also raises existing annual country caps from 7 percent to 15 percent for the family-sponsored immigration system. It also treats same-sex families as families by giving U.S. citizens and lawful permanent residents the ability to seek a visa on the basis of a permanent relationship with a same-sex partner. The proposal also revises current unlawful presence bars and provides broader discretion to waive bars in cases of hardship.

  • Cut Red Tape for Employers. The proposal also eliminates the backlog for employment-sponsored immigration by eliminating annual country caps and adding additional visas to the system. Outdated legal immigration programs are reformed to meet current and future demands by exempting certain categories from annual visa limitations.
  • Enhance travel and tourism. The Administration is committed to increasing U.S. travel and tourism by facilitating legitimate travel while maintaining our nation’s security. Consistent with the President’s Executive Orderon travel and tourism, the President’s proposal securely streamlines visa and foreign visitor processing. It also strengthens law enforcement cooperation while maintaining the program’s robust counterterrorism and criminal information sharing initiatives. It facilitates more efficient travel by allowing greater flexibility to designate countries for participation in the Visa Waiver Program, which allows citizens of designated countries to visit the United States without obtaining a visa. And finally it permits the State Department to waive interview requirements for certain very low-risk visa applicants, permitting resources to be focused on higher risk applicants and creates a pilot for premium visa processing.

  • “Staple” green cards to advanced STEM diplomas. The proposal encourages foreign graduate students educated in the United States to stay here and contribute to our economy by “stapling” a green card to the diplomas of science, technology, engineering and mathematics (STEM) PhD and Master’s Degree graduates from qualified U.S. universities who have found employment in the United States. It also requires employers to pay a fee that will support education and training to grow the next generation of American workers in STEM careers.

  • Create a “startup visa” for job-creating entrepreneurs. The proposal allows foreign entrepreneurs who attract financing from U.S. investors or revenue from U.S. customers to start and grow their businesses in the United States, and to remain permanently if their companies grow further, create jobs for American workers, and strengthen our economy.

  • Expand opportunities for investor visas and U.S. economic development. The proposal permanently authorizes immigrant visa opportunities for regional center (pooled investment) programs; provides incentives for visa requestors to invest in programs that support national priorities, including economic development in rural and economically depressed regions ; adds new measures to combat fraud and national security threats; includes data collection on economic impact; and creates a pilot program for state and local government officials to promote economic development.

  • Create a new visa category for employees of federal national security science and technology laboratories. The proposal creates a new visa category for a limited number of highly-skilled and specialized immigrants to work in federal science and technology laboratories on critical national security needs after being in the United States. for two years and passing rigorous national security and criminal background checks.

  • Better addresses humanitarian concerns. The proposal streamlines immigration law to better protect vulnerable immigrants, including those who are victims of crime and domestic violence. It also better protects those fleeing persecution by eliminating the existing limitations that prevent qualified individuals from applying for asylum.

  • Encourage integration. The proposal promotes earned citizenship and efforts to integrate immigrants into their new American communities linguistically, civically, and economically.

Related News

Illinois approves Imigration License Law

Illinois will not require applicants to be fingerprinted, for fear that would discourage immigrants from applying... starting in October it will allow an estimated 250,000 people unlawfully residing in the state to apply for a three-year temporary driver's license and require them to get training and insurance...The licenses will be like those already issued to certain foreign-born, legal visitors. Applicants will be photographed, and their photo will be entered into the state's facial recognition database — like the rest of Illinois' licensed drivers— to verify their identity.

Full Video Transcript 

Del Sol High School
Las Vegas, Nevada

11:40 A.M. PST

THE PRESIDENT: Thank you! (Applause.) Thank you! Thank you so much. (Applause.) It is good to be back in Las Vegas! (Applause.) And it is good to be among so many good friends.

Let me start off by thanking everybody at Del Sol High School for hosting us. (Applause.) Go Dragons! Let me especially thank your outstanding principal, Lisa Primas. (Applause.)

There are all kinds of notable guests here, but I just want to mention a few. First of all, our outstanding Secretary of the Department of Homeland Security, Janet Napolitano, is here. (Applause.) Our wonderful Secretary of the Interior, Ken Salazar. (Applause.) Former Secretary of Labor, Hilda Solis. (Applause.) Two of the outstanding members of the congressional delegation from Nevada, Steve Horsford and Dina Titus. (Applause.) Your own mayor, Carolyn Goodman. (Applause.)

But we also have some mayors that flew in because they know how important the issue we’re going to talk about today is. Marie Lopez Rogers from Avondale, Arizona. (Applause.) Kasim Reed from Atlanta, Georgia. (Applause.) Greg Stanton from Phoenix, Arizona. (Applause.) And Ashley Swearengin from Fresno, California. (Applause.)

And all of you are here, as well as some of the top labor leaders in the country. And we are just so grateful. Some outstanding business leaders are here as well. And of course, we’ve got wonderful students here, so I could not be prouder of our students. (Applause.)

Now, those of you have a seat, feel free to take a seat. I don’t mind.

AUDIENCE MEMBER: I love you, Mr. President!

THE PRESIDENT: I love you back. (Applause.)

Now, last week, I had the honor of being sworn in for a second term as President of the United States. (Applause.) And during my inaugural address, I talked about how making progress on the defining challenges of our time doesn’t require us to settle every debate or ignore every difference that we may have, but it does require us to find common ground and move forward in common purpose. It requires us to act.

I know that some issues will be harder to lift than others. Some debates will be more contentious. That’s to be expected. But the reason I came here today is because of a challenge where the differences are dwindling; where a broad consensus is emerging; and where a call for action can now be heard coming from all across America. I’m here today because the time has come for common-sense, comprehensive immigration reform. (Applause.) The time is now. Now is the time. Now is the time. Now is the time.

AUDIENCE: Sí se puede! Sí se puede!

THE PRESIDENT: Now is the time.

I’m here because most Americans agree that it’s time to fix a system that’s been broken for way too long. I’m here because business leaders, faith leaders, labor leaders, law enforcement, and leaders from both parties are coming together to say now is the time to find a better way to welcome the striving, hopeful immigrants who still see America as the land of opportunity. Now is the time to do this so we can strengthen our economy and strengthen our country’s future.

Think about it -- we define ourselves as a nation of immigrants. That’s who we are -- in our bones. The promise we see in those who come here from every corner of the globe, that’s always been one of our greatest strengths. It keeps our workforce young. It keeps our country on the cutting edge. And it’s helped build the greatest economic engine the world has ever known.

After all, immigrants helped start businesses like Google and Yahoo!. They created entire new industries that, in turn, created new jobs and new prosperity for our citizens. In recent years, one in four high-tech startups in America were founded by immigrants. One in four new small business owners were immigrants, including right here in Nevada -- folks who came here seeking opportunity and now want to share that opportunity with other Americans.

But we all know that today, we have an immigration system that’s out of date and badly broken; a system that’s holding us back instead of helping us grow our economy and strengthen our middle class.

Right now, we have 11 million undocumented immigrants in America; 11 million men and women from all over the world who live their lives in the shadows. Yes, they broke the rules. They crossed the border illegally. Maybe they overstayed their visas. Those are facts. Nobody disputes them. But these 11 million men and women are now here. Many of them have been here for years. And the overwhelming majority of these individuals aren’t looking for any trouble. They’re contributing members of the community. They're looking out for their families. They're looking out for their neighbors. They're woven into the fabric of our lives.

Every day, like the rest of us, they go out and try to earn a living. Often they do that in a shadow economy -- a place where employers may offer them less than the minimum wage or make them work overtime without extra pay. And when that happens, it’s not just bad for them, it’s bad for the entire economy. Because all the businesses that are trying to do the right thing -- that are hiring people legally, paying a decent wage, following the rules -- they’re the ones who suffer. They've got to compete against companies that are breaking the rules. And the wages and working conditions of American workers are threatened, too.

So if we're truly committed to strengthening our middle class and providing more ladders of opportunity to those who are willing to work hard to make it into the middle class, we've got to fix the system.

We have to make sure that every business and every worker in America is playing by the same set of rules. We have to bring this shadow economy into the light so that everybody is held accountable -- businesses for who they hire, and immigrants for getting on the right side of the law. That’s common sense. And that’s why we need comprehensive immigration reform. (Applause.)

There’s another economic reason why we need reform. It’s not just about the folks who come here illegally and have the effect they have on our economy. It’s also about the folks who try to come here legally but have a hard time doing so, and the effect that has on our economy.

Right now, there are brilliant students from all over the world sitting in classrooms at our top universities. They’re earning degrees in the fields of the future, like engineering and computer science. But once they finish school, once they earn that diploma, there’s a good chance they’ll have to leave our country. Think about that.

Intel was started with the help of an immigrant who studied here and then stayed here. Instagram was started with the help of an immigrant who studied here and then stayed here. Right now in one of those classrooms, there’s a student wrestling with how to turn their big idea -- their Intel or Instagram -- into a big business. We’re giving them all the skills they need to figure that out, but then we’re going to turn around and tell them to start that business and create those jobs in China or India or Mexico or someplace else? That’s not how you grow new industries in America. That’s how you give new industries to our competitors. That’s why we need comprehensive immigration reform. (Applause.)

Now, during my first term, we took steps to try and patch up some of the worst cracks in the system.

First, we strengthened security at the borders so that we could finally stem the tide of illegal immigrants. We put more boots on the ground on the southern border than at any time in our history. And today, illegal crossings are down nearly 80 percent from their peak in 2000. (Applause.)

Second, we focused our enforcement efforts on criminals who are here illegally and who endanger our communities. And today, deportations of criminals is at its highest level ever. (Applause.)

And third, we took up the cause of the DREAMers -- (applause) -- the young people who were brought to this country as children, young people who have grown up here, built their lives here, have futures here. We said that if you’re able to meet some basic criteria like pursuing an education, then we’ll consider offering you the chance to come out of the shadows so that you can live here and work here legally, so that you can finally have the dignity of knowing you belong.

But because this change isn’t permanent, we need Congress to act -- and not just on the DREAM Act. We need Congress to act on a comprehensive approach that finally deals with the 11 million undocumented immigrants who are in the country right now. That's what we need. (Applause.)

Now, the good news is that for the first time in many years, Republicans and Democrats seem ready to tackle this problem together. (Applause.) Members of both parties, in both chambers, are actively working on a solution. Yesterday, a bipartisan group of senators announced their principles for comprehensive immigration reform, which are very much in line with the principles I’ve proposed and campaigned on for the last few years. So at this moment, it looks like there’s a genuine desire to get this done soon, and that’s very encouraging.

But this time, action must follow. (Applause.) We can't allow immigration reform to get bogged down in an endless debate. We've been debating this a very long time. So it's not as if we don't know technically what needs to get done. As a consequence, to help move this process along, today I’m laying out my ideas for immigration reform. And my hope is that this provides some key markers to members of Congress as they craft a bill, because the ideas I’m proposing have traditionally been supported by both Democrats like Ted Kennedy and Republicans like President George W. Bush. You don't get that matchup very often. (Laughter.) So we know where the consensus should be.

Now, of course, there will be rigorous debate about many of the details, and every stakeholder should engage in real give and take in the process. But it’s important for us to recognize that the foundation for bipartisan action is already in place. And if Congress is unable to move forward in a timely fashion, I will send up a bill based on my proposal and insist that they vote on it right away. (Applause.)

So the principles are pretty straightforward. There are a lot of details behind it. We're going to hand out a bunch of paper so that everybody will know exactly what we're talking about. But the principles are pretty straightforward.

First, I believe we need to stay focused on enforcement. That means continuing to strengthen security at our borders. It means cracking down more forcefully on businesses that knowingly hire undocumented workers. To be fair, most businesses want to do the right thing, but a lot of them have a hard time figuring out who’s here legally, who’s not. So we need to implement a national system that allows businesses to quickly and accurately verify someone’s employment status. And if they still knowingly hire undocumented workers, then we need to ramp up the penalties.

Second, we have to deal with the 11 million individuals who are here illegally. We all agree that these men and women should have to earn their way to citizenship. But for comprehensive immigration reform to work, it must be clear from the outset that there is a pathway to citizenship. (Applause.)

We’ve got to lay out a path -- a process that includes passing a background check, paying taxes, paying a penalty, learning English, and then going to the back of the line, behind all the folks who are trying to come here legally. That's only fair, right? (Applause.)

So that means it won’t be a quick process but it will be a fair process. And it will lift these individuals out of the shadows and give them a chance to earn their way to a green card and eventually to citizenship. (Applause.)

And the third principle is we’ve got to bring our legal immigration system into the 21st century because it no longer reflects the realities of our time. (Applause.) For example, if you are a citizen, you shouldn’t have to wait years before your family is able to join you in America. You shouldn't have to wait years. (Applause.)

If you’re a foreign student who wants to pursue a career in science or technology, or a foreign entrepreneur who wants to start a business with the backing of American investors, we should help you do that here. Because if you succeed, you’ll create American businesses and American jobs. You’ll help us grow our economy. You’ll help us strengthen our middle class.

So that’s what comprehensive immigration reform looks like: smarter enforcement; a pathway to earned citizenship; improvements in the legal immigration system so that we continue to be a magnet for the best and the brightest all around the world. It’s pretty straightforward.

The question now is simple: Do we have the resolve as a people, as a country, as a government to finally put this issue behind us? I believe that we do. I believe that we do. (Applause.) I believe we are finally at a moment where comprehensive immigration reform is within our grasp.

But I promise you this: The closer we get, the more emotional this debate is going to become. Immigration has always been an issue that enflames passions. That’s not surprising. There are few things that are more important to us as a society than who gets to come here and call our country home; who gets the privilege of becoming a citizen of the United States of America. That's a big deal.

When we talk about that in the abstract, it’s easy sometimes for the discussion to take on a feeling of “us” versus “them.” And when that happens, a lot of folks forget that most of “us” used to be “them.” We forget that. (Applause.)

It’s really important for us to remember our history. Unless you’re one of the first Americans, a Native American, you came from someplace else. Somebody brought you. (Applause.)

Ken Salazar, he’s of Mexican American descent, but he points that his family has been living where he lives for 400 years, so he didn't immigrate anywhere. (Laughter.)

The Irish who left behind a land of famine. The Germans who fled persecution. The Scandinavians who arrived eager to pioneer out west. The Polish. The Russians. The Italians. The Chinese. The Japanese. The West Indians. The huddled masses who came through Ellis Island on one coast and Angel Island on the other. (Applause.) All those folks, before they were “us,” they were “them.”

And when each new wave of immigrants arrived, they faced resistance from those who were already here. They faced hardship. They faced racism. They faced ridicule. But over time, as they went about their daily lives, as they earned a living, as they raised a family, as they built a community, as their kids went to school here, they did their part to build a nation.

They were the Einsteins and the Carnegies. But they were also the millions of women and men whose names history may not remember, but whose actions helped make us who we are; who built this country hand by hand, brick by brick. (Applause.) They all came here knowing that what makes somebody an American is not just blood or birth, but allegiance to our founding principles and the faith in the idea that anyone from anywhere can write the next great chapter of our story.

And that’s still true today. Just ask Alan Aleman. Alan is here this afternoon -- where is Alan? He's around here -- there he is right here. (Applause.) Alan was born in Mexico. (Applause.) He was brought to this country by his parents when he was a child. Growing up, Alan went to an American school, pledged allegiance to the American flag, felt American in every way -- and he was, except for one: on paper.

In high school, Alan watched his friends come of age -- driving around town with their new licenses, earning some extra cash from their summer jobs at the mall. He knew he couldn’t do those things. But it didn’t matter that much. What mattered to Alan was earning an education so that he could live up to his God-given potential.

Last year, when Alan heard the news that we were going to offer a chance for folks like him to emerge from the shadows -- even if it's just for two years at a time -- he was one of the first to sign up. And a few months ago he was one of the first people in Nevada to get approved. (Applause.) In that moment, Alan said, “I felt the fear vanish. I felt accepted.”

So today, Alan is in his second year at the College of Southern Nevada. (Applause.) Alan is studying to become a doctor. (Applause.) He hopes to join the Air Force. He’s working hard every single day to build a better life for himself and his family. And all he wants is the opportunity to do his part to build a better America. (Applause.)

So in the coming weeks, as the idea of reform becomes more real and the debate becomes more heated, and there are folks who are trying to pull this thing apart, remember Alan and all those who share the same hopes and the same dreams. Remember that this is not just a debate about policy. It’s about people. It’s about men and women and young people who want nothing more than the chance to earn their way into the American story.

Throughout our history, that has only made our nation stronger. And it’s how we will make sure that this century is the same as the last: an American century welcoming of everybody who aspires to do something more, and who is willing to work hard to do it, and is willing to pledge that allegiance to our flag.

Thank you. God bless you. And God bless the United States of America. (Applause.)

END
12:05 P.M. PST