Congress appears nearing enactment of legislation to overhaul the nation’s immigration system that, while focusing on illegal immigrants who crossed the U.S. southern border, would have a positive effect on Hawaii. The sweeping bill would allow 11 million unauthorized immigrants, including 35,000 in Hawaii, to enter a promising pathway to legality that will help build our nation’s labor and intellectual capital into the future. Of particular concern, though, is a proposed elimination of family-based visas, which would impose further hardships by splitting families.
First, the encouraging news: A bipartisan group of eight senators has forged a sweeping immigration bill and a House committee announced Thursday that it would introduce a series of bills that are similar to the Senate version, allowing unauthorized immigrants to earn a green card in 10 years and putting them on a 13-year pathway to citizenship.
Members of Hawaii’s congressional delegation back the movement, as they should. Unauthorized immigrants comprise 30,000 workers in Hawaii — 4.6 percent of Hawaii’s workforce — according to a 2010 report by the nonpartisan Pew Hispanic Center. They have been estimated to pay more than $50 million in state and local taxes.
There is much to laud in the proposed reforms — even by traditional doubters who now see the political realities of an increasingly diverse U.S. population. Among the proposals:
» Undocumented immigrants must apply for a newly created Registered Provisional Immigrant status, pay a fine and fees, any back taxes, pass a background check and not have a disqualifying criminal record.
» Provision for children of undocumented immigrants under the DREAM Act and AgJOBS Act.
» More U.S. Customs and Border Protection agents; construction of a double fence and clamping down on illegal border crossings.
» A new "merit-based" visa accruing points based on educational achievements, employment history and societal contributions.
That merit provision in an otherwise welcome bill, however, would drastically change visa allocation under current family-based and employment-based categories, and this is problematic.
U.S. Sen. Mazie Hirono has rightly expressed concern about the Senate version’s intent to "mitigate the harm to families caused by eliminating the sibling category of visas and the provisions that affect immigrants’ access to the country’s safety net programs." She said her emigration as a young girl from Japan to Hawaii showed her "how important it is to support immigrant families in order for them to succeed in this country."
However, while the Senate bill’s "merit-based" system would allow up to 250,000 visas a year based on a broad variety of factors, it would reduce the factor of family relationships.
The balance would shift, over a decade, away from 75 percent of visas that now go to family members of immigrants already here. Instead, half of visas would go to immigrants based on family ties and the other half would be based on job skills.
The Senate bill would eliminate the 65,000 family-based visas that are given out yearly to siblings of U.S. citizens and to married adult children. That change would be a blow to many immigrant families in Hawaii.
"Reform is crucial to our families, small businesses and our economy in Hawaii," said U.S. Rep. Tulsi Gabbard. "It is unacceptable that families wait decades to reunite with their loved ones. … We must address the unique immigration issues in Hawaii as part of the national reform legislation in order to reunite families and grow our local economy."
Immigration reform is welcome after many years. President Barack Obama has called it "largely consistent" with the principals he has put forth for years. That reform should not include a blow to families in the process of settling in America.
