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framework

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FRAMEWORK FOR IMMIGRATION REFORM

The Commission supports the basic framework of current policyfamily unification, employment-based immigration, and refugee

admissions. They represent continuity with the long tradition of immigration to the United States. The U.S. was founded by migrants seeking strong, family-based communities, economic opportunities, and refuge from oppression. Such immigration, begun during colonial times, increased through the nineteenth century and reached its zenith in the first decade of the twentieth century before imposition of restrictions on immigrant admissions in the 1920s.

Since the 1970s, the U.S. has again experienced high levels of immigration. The purposes served by the three major categories of immigration remain the same today, though the contexts have changed dramatically from the earlier days of exploration, Western settlement, and industrialization. As the U.S. Select Commission on Immigration and Refugee Policy observed (1981a):

The reunification of families should remain one of the foremost goals of immigration not only because it is a humane policy, but because bringing families back together contributes to the economic and social welfare of the United States. Society benefits from the reunification of immediate families, especially because family unity promotes the stability, health and productivity of family members. Family reunification provides a support system for newly arrived family members to help them in adapting to new ways of life in this country while still sharing some of the customs of their homelands.

The Commission

supports the

basic framework

of current policyfamily unification, employment-based

immigration, and refugee admissions.

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framework

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. . . [P]ermitting, and indeed encouraging, the migration of new immigrants broadens the diversity and characteristics of new immigrants and the richness of their contributions to U.S. culture and society. Beyond these contributions such immigrants can bring skills that are needed in the United States and that contribute to economic growth. . . .

The United States, on the basis of its heritage and tradition, should also continue to be a haven for refugees from political tyranny and persecution. Although the United States can only play a small part in accepting some of the world's 16 million refugees, a strong refugee policy, as part of overall immigration policy, eases the burden on other countries of first asylum, supports the U.S. in its efforts to remain a champion of freedom, and promotes the spirit of freedom in U.S. society.

The Commission on Immigration Reform considered alternative frameworks for managing immigrant admissions. Canada and Australia use point systems to determine which immigrants will be admitted. These nations give priority for entry to individuals who meet multiple criteria, including education, English language ability, family relationships, occupation, and others. Individuals who score highly enough on these scales are eligible to apply for admission regardless of their ties to the citizens or businesses of these countries. Government officials make the final determination of the suitability of a given applicant for admission.

The Commission does not support this alternative procedure for choosing immigrants. We believe that a system that relies on formulas and bureaucratic procedures for determining which immigrants meet the formula is not as suitable as one that relies on the judgment

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framework

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of American families and employers within a framework that protects U.S. workers from unfair competition. U.S. families and employers preselect immigrant candidates. Under the traditional U.S. framework, most skills-based immigrants are required to have a job offer from a U.S. employer willing to certify that company's need for the foreign worker. Similarly, family members must petition for their entering relatives and, often, sign affidavits affirming their intent to provide financial support to the newcomers. In this way, U.S. businesses and relatives also attempt to prevent immigrants from posing burdens on the broader U.S. society.

While strongly affirming the value of the current framework of U.S. immigration policy, the Commission is convinced that our current immigration system must undergo major reform to ensure that admissions continue to serve our national interests. In particular, the Commission's recommendations aim to ensure greater prioritization of decisions regarding admissions, reduce the long waiting periods for high priority categories, improve the mechanisms to prevent immigrants from becoming public charges, make the procedures for testing labor market conditions more responsive to the needs of U.S. employers and workers, protect better the interests of vulnerable American workers, make the U.S. refugee resettlement program more responsive to the needs of a post-Cold War era, and encourage the Americanization of new immigrants. Hence, the Commission recommends a significant redefinition of priorities and a reallocation of existing admission numbers to fulfill more effectively the objectives of our immigration system.

The Commission recommends a significant

redefinition of priorities and a reallocation

of existing

admission numbers to fulfill more effectively the objectives of

our immigration system.

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FRAMEWORK

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principles

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PRINCIPLES FOR A PROPERLY REGULATED IMMIGRATION POLICY

Clear Goals and Priorities. Sound immigration policy must set out clear goals and give priority to the admission of those immigrants who best meet those goals. Current policy fails in this respect. The priorities are not well enough defined to meet the stated goals of family unification, global competitiveness, or humanitarian rescue. Large backlogs prolong the waiting period for nuclear family members while less close relatives enter. Businesses face an inefficient, two-year regulatory procedure for obtaining permission to employ needed skilled workers. The laborious certification procedure, meant to protect U.S. workers, is widely recognized as ineffective. Refugee admissions continue to mirror Cold War interests, with insufficient attention to the major geopolitical changes of the 1990s.

Enforcement of Immigration Limits. An effectively regulated immigration policy requires limits on the number of immigrants admitted to achieve the goals of immigration in all categories of admission. Moreover, in an effectively regulated immigration system, limits on legal immigration must be both enforceable and enforced. To the extent that the backdoor of illegal entry remains open and visa abuse continues, legal immigration policies are compromised and public support for their continuation will be weak. We underscore our commitment to curtailing illegal immigration as embodied in our 1994 recommendations. We will continue to monitor progress toward their implementation until the expiration of our mandate in September 1997.

Regular Periodic Review. An effectively regulated system requires some flexibility with regard to numbers in adjusting to changing circumstances in the United States. Throughout most of this century,

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principles

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since immigration limits were instituted, major changes in admission ceilings have occurred infrequently. The national origins quota numbers of 1924 remained in effect until modest changes were made in 1952. The 1965 legislation prompted more fundamental changes in immigrant admission levels. The 1965 provisions, with some changes in hemispheric limits during the 1970s, continued through the 1980s. Fundamental changes in immigration numbers occurred once more in the Immigration Act of 1990. The history of refugee admissions is similar, with several pieces of legislation in the 1950s [Refugee Relief Act, Refugee Escapee Act, and Refugee Fair Share Act] that defined refugees and set numbers, with little change until passage of the Refugee Act of 1980. The Commission believes that credible immigration and refugee policy requires more frequent evaluation of admission numbers to ensure that the numbers are appropriate and consistent with both the objectives of immigration policy and the circumstances that affect the integration and impact of immigrants.

Transparency and Efficiency. Immigration policy should not be overly complex, and the mechanisms used to implement immigration policy should be efficient and comprehensible. The terms used should be as clear and self-explanatory as possible. The number of visas allocated to various immigrant categories should be sufficient to ensure the expeditious entry of those of highest priority. Backlogs in high priority categories undermine the purposes of immigration policy, while backlogs in lower priority categories give false hope to individuals whose admissions are of lesser national interest. Current policy is the obverse of this principle: immigration admissions tend to be managed through waiting lists without regard to the priority given to a particular admissions category.

Enforcement of Sponsor Responsibility. A properly regulated

immigration policy will hold sponsors accountable for keeping

immigrants from becoming burdens on the American taxpayer and enforce that accountability through legally binding obligations. At

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present, the main vehicle for ensuring that immigrants do not become a public charge is the affidavit of support signed by sponsors of immigrants. However, the affidavit has moral, but no legal, force. The Commission's recommendations seek to give greater enforceability to these affidavits.

Protection of U.S. Workers. A properly regulated system also will provide protection to American workers against unfair competition arising from immigrant categories that are designed to enhance U.S. economic strength. A higher level of job protection should be made available to the most vulnerable in our society. U.S. residents who face structural unemployment or underemployment because they lack skills or education deserve greatest protection from the entry of foreign workers. The mechanisms to provide such protection also must be timely and efficient enough to meet the needs of employers who genuinely are unable to find U.S. workers to fill job openings.

Coherence of Immigration Policy. Both temporary and permanent admissions categories must be seen as integral parts of a coherent legal immigration policy. Temporary student, worker, and humanitarian categories are linked to permanent immigration. Inefficiencies and inconsistencies in the procedures for determining admissibility in permanent categories frequently lead employees, employers, and even family members to use temporary categories to gain entrance when the true intention is permanent residence.

Americanization. A sound immigration policy is not credible

without attention to English language training, civic education, and preparation for naturalization and effective citizen participation. Americanizationby which we mean cultivation of a shared

commitment to the American values of liberty, democracy, and

equal opportunityis desirable and possible regardless of the nationality, native language, or religious background of immigrants and their children.

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A Transition Period. Fundamental immigration reform, as proposed by the Commission, requires a period of transition to get from the present system to the new one. We recommend prudent, measured steps to make that transition possible.

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recommendations

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RECOMMENDATIONS

The following recommendations will contribute to a more accountable and credible application of our immigration policy.

The Commission supports a tripartite immigration policy that permits the entry of nuclear family members, professional and skilled workers, and refugees and other humanitarian admissions. In addition, the Commission urges Congress to take steps to address the continuing aftereffects of the 1986 Immigration Reform and Control Act [IRCA] that provided legal status to formerly illegal aliens.

The Commission proposes a core immigration admissions level of 550,000 per year, to be divided as follows:

Nuclear family immigration 400,000;

Skill-based immigration 100,000;

Refugee resettlement 50,000.²

The reunification of families, entry of skilled workers, and admission of refugees serve separate goals and needs of the United States. This Commission believes that all three categories must remain at the heart of a credible U.S. immigration policy and, accordingly, should be assigned sufficient visas to meet the priorities within each group. The Commission is of the view that priorities determined by the national interest should drive admission numbers; artificially established numerical limits should not determine the priorities for admission. As discussed below, the admission levels recommended by the Commission should permit the entry of all individuals meeting the admissions criteria within one year of application, once the backlogs in current high priority categories are cleared.

The Commission supports

a tripartite

immigration

policy.

The Commission proposes a

core immigration admissions level

of 550,000

per year.

²Not including other humanitarian admissions, such as asylum adjustments.

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recommendations

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Chart 5.

Proposed Tripartite Immigration System

L E G A L I M M I G R A T I O N

NUCLEAR

FAMILY

ADMISSIONS

SKILLS-

BASED

ADMISSIONS

REFUGEE &

HUMANITARIAN

ADMISSIONS

Spouses & Minor

Children of U.S.

Citizens-1st priority

Parents of U.S.

Citizens-2nd priority

Spouses & Minor

Children of Legal

Immigrants-3rd priority

Exempt

from

Labor

Market-

Test

Labor

Market

Tested

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recommendations

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Chart 6.

Legal Immigration Levels and Admissions

Current Levels

Proposed Levels

**

**

Core

400,000

100,000

50,000

0

550,000

**

*Does not include asylum claimants or other humanitarian admissions.

**50,00 is a target that can be exceeded in an emergency or with direct and affirmative participation by Congress.

Transition

(5-8 years)

550,000

100,000

50,000

0

700,000

Actual

FY 1996

Projected Use

480,000

100,000

90,000

55,000

725,000

Thousands

Admissions: FY 1980 to FY 2005

Category

Nuclear Family Admissions

Skills-based Admissions

Refugee Resettlement*

Diversity

TOTAL

Numerical

Limits

480,000

140,000

Variable

55,000

CIR Proposal

Includes refugees who have adjusted to lawful permanent resident. Does not include IRCA legalization beneficiaries.

Source: Immigration and Naturalization Service, Statistics Division

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recommendations

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The Commission further recommends that Congress

authorize 150,000 visas annually for the admission of

the spouses and minor children of legal permanent residents who have been awaiting entry until such time

as this backlog

is eliminated.

The Commission further recommends that Congress authorize 150,000 visas annually for the admission of the spouses and minor children of legal permanent residents who have been awaiting entry until such time as this backlog is eliminated. The backlog derives primarily from increased demand for visas for the reunification of the families of illegal immigrants who obtained legal status under IRCA, but it has delayed the entry not only of these individuals, but of the families of subsequent legal immigrants as well. As discussed below, an additional 150,000 visas over a five to eight year period, in combination with expected increases in the naturalization of legal immigrants who have petitioned for their families, should permit the entry of the 1.1 million spouses and minor children now in the backlog, as well as those who apply during the backlog clearance period. After this period, the system should be current, meaning that all spouses and minor children would be admitted immediately under the proposed admissions level of 400,000 family-based numbers.

The Commission recommends that admission levels be authorized by Congress for a specified time period (e.g., three to five years) in order to ensure regular periodic review and, if needed, change by Congress. Immigration admission numbers now are set for indefinite time periods. Yet, the demand for visas can change substantially, leading to large backlogs in some categories and high ceilings in others. Also, changing conditions within and outside of the United States may influence our capacity and willingness to absorb newcomers: business cycles affect the need for workers; changing domestic policies and resources affect the capacity to provide assistance to new immigrants; and foreign relations and international crises affect the number and type of refugees and other individuals requiring humanitarian protection and assistance.

The Commission believes that admission numbers should sunset after a specified period of time. A sunset provision would promote regular Congressional assessment of the implementation and impact of

The Commission recommends that admission levels

be authorized

by Congress

for a specified time period (e.g., three to five years) in order to ensure regular

periodic review

and, if needed,

change by Congress.

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recommendations

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U.S. legal immigration policies as part of the reauthorization. In reassessing the levels, the following issues should be considered.

n The effects of immigration levels on the economy and labor force of the U.S. (with particular attention to the impact on the most vulnerable populationsthose who are unemployed, underemployed, or newly entering the labor force), public benefit costs, social and community relations, demographic, natural resource and other domestic conditions in the United States;

n The economic, social, and civic adaptation and integration of new legal immigrants at authorized admissions levels;

n The demand for visas in each immigration category and the adequacy of immigration levels for the expeditious entry of those in priority categories, for example, as measured by backlogs and waiting periods; and

n The effects of immigration levels, including refugee admission numbers, on the foreign policy interests, national security, and international humanitarian commitments of the United States.

The numbers proposed by the Commission emanate from this type of analysis. We believe the overall immigration numbers proposed by the Commission offer net benefits for U.S. economic, social, and other domestic conditions. These numbers, in combination with our proposed admissions criteria, also permit the absorption of new immigrants without posing serious negative impacts on the already

vulnerable members of our society. The specific numbers for each part of the tripartite system build from current demand in the highest priority categories of U.S. immigration, those that unite nuclear families, enable businesses to benefit from the entry of highly skilled

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recommendations

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workers, and admit individuals who otherwise would face persecution abroad. We propose core admission levels for nuclear families and skills-based admissions at approximately 10 percent above current annual requests for admission to allow for potential growth in these categories during the three to five years they are authorized. The core admission levels for refugee resettlement permit a continuing U.S. commitment to provide entry to refugees as part of an international, shared effort to find solutions to refugee crises.

These recommendations represent fundamental reform of U.S. immigration policy. These policy reforms, with the specific proposals that follow, will strengthen our commitment to legal immigration while ameliorating potential negative impacts arising from the entry of newcomers. The United States has benefited from immigration throughout its history. The Commission's recommendations should ensure a continuation of this tradition.

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