Daily Dispatch 5/16/2019
Trump to discuss immigration plan in speech today
May 16, 2019
Trump is scheduled to give a speech today in which he will unveil details of a plan on immigration crafted by his son-in-law, Jared Kushner. Administration officials have already released some information on the plan, which does not address the situation of undocumented immigrants within the United States at all. Rather it is a mix of border security proposals and introducing new formulas for legal entry. A summary from NPR
The plan, as described by the administration official, would prioritize merit-based immigration, limiting the number of people who could get green cards by seeking asylum or based on family ties. But it would keep immigration levels static, neither increasing or decreasing the number of people allowed to legally enter the US each year. Here are the elements of the proposal as described to reporters:
- Securing the border: Finishing the border wall
- Protecting American wages: Stemming the flow of low-wage labor
- Attract and retain the best and brightest immigrants
- Prioritize nuclear families: It would limit which family members can come to the country to children and spouses
- Import labor for critical industries
- Preserve humanitarian values: Keep asylum system, but limit it.
The plan does not include any provision for Dreamers, young people brought into the country as children, who currently have protection from deportation proceedings and can get work permits – provided they register with DHS. Trump has tried to end the Obama program, Deferred Action for Childhood Arrivals (DACA) that provides these protections. The future of DACA is currently tied up in court actions. Creating a permanent, legislative solution for Dreamers has been a primary concern of Democrats. They have been working on a bill in the House, but that is tied up in disagreements over qualifications for protection.
Trump’s plan seems geared toward securing Republican support around this particular set of ideas, and may be best read as an election strategy more than a legislative proposal. Because Trump’s plan does not reduce legal immigration levels, it is already facing criticism from the hardliners. Absent some proposal to extend DACA through legislation, the Democrats won’t join on board. So, in its current form, the plan is not likely to go far.
If interested in watching Trump’s address in the Rose Garden today, it can be viewed here at 2:30 EST.
Meanwhile Lindsey Graham…
…has introduced legislation to revamp the asylum process. From CNN:
The legislation would change the system in three substantial ways: It would require migrants seeking asylum to apply at a consulate or embassy in their home country or in Mexico, instead of at the southern border; it would increase the amount of time that migrant children could stay in custody from 20 days to 100 days; and make it easier for officials to deport unaccompanied minors to Central America.
The measure also calls for 500 new immigration judges to chip away at the massive immigration court backlog.
There are a lot of problems with this plans. First, it is worth noting that the Trump administration ended a program set up by the Obama administration to allow people to apply for asylum at embassies in Central America last year. The program was not very effective in the sense that it took a very long time to process claims, but it did offer a way for people to seek asylum before making the trip to the United States border. Increasing the amount of time that children can be held to 100 days is an end around the Flores Settlement Agreement and won’t work. The administration is already trying to establish new rules to get around the 20 day limit – these will be reviewed by the judge responsible for administering the Flores Settlement, and is not likely to be approved. Adding new immigration judges is not an inherently bad idea – but immigration judges operate under the Department of Justice, not the Federal Courts, and thus the Attorney General will oversee this process with little oversight. That is not good news for immigrants.
Graham’s bill is not likely to go far. But provisions could get bundled with other elements of Trump’s plan if that plan ever makes into actual legislation. For now though, immigration remains the vehicle for political grandstanding. Workable solutions seem a distant prospect.