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Greg Siskind on Immigration Law and Policy


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Alan Nash, a Houston lawyer, has developed a very interesting and innovative white paper laying out a plan for immigration reform. While I am not in full agreement with some of the plan, it does add ideas to the discussion. According to Nash,

The heart of the "10 for 10" plan is this: Any non-citizen in the U.S. would have the right to acquire permanent immigrant status by paying, in each year for a 10 year period, the greater of $1,000 indexed for inflation or 10% of his adjusted gross income30 (which would be salary for most persons).

Other provisions of the plan include

- issuance of tamper-proof identity cards to all immigrants
- interim immigrant status during the ten year probationary period based on the payments described above
- elimination of cash payments by employers to employees
- anyone who commits a crime or who is not enrolled in the 10 for 10 program or otherwise legally in the US would be deportable
- employers would be required to go through a verification process for all hired employees
- US citizens would have a "right of first refusal" for all positions to be held by immigrants (this is similar to a labor certification test)
- a guest worker program would be put in place that contains the "right of first refusal" test
- a portion of the funds from the fines would go to supporting vocational training programs for US workers
- border security provisions would be included that are consistent with the Federal Secure Fence Act.

Take a look and post your thoughts in the comments. Download the_10_for_10_plan.pdf

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  1. Another voice's Avatar
    The main difference that I see on this plan is that it would take Immigrants 10 years instead of 5 years as the Z visa proposed at a significantly higher price tag, you have to consider that they will probably ,make them pay back taxes as well. In a way I guess the idea is to make it sooo expensive to live an work in the US that there is really little incentive to want to do it. You are putting a 10% tax on people's earning on the top of the regular taxes paid to the federal government, that will have an impact on the net take home for anyone. Can you imagine minimum wage earners(ag workers, meat packing plant workers). Paying 10% on a $30,000 salary + taxes + living expenses what do they have left.
  2. Legal and no longer waiting's Avatar
    UK recognizes permanent residency after 14 years of continuous presence, legal or not, and people don't have to pay up like that. Although I am much for recognition of permanent residence, this does not pass the test of money for residence. Plus, the country needs an immigration system that will work going forward, and I can't imagine this would be it (so, basically, you don't need an H1 visa, just come on a B visa and enroll to pay up, and you are in - right?)
  3. BeeDee's Avatar
    The white nationalists should like this because much of Europe can walk in without a visa and stay 10 years to get a green card.
  4. 's Avatar
    Even though 10% is steep, I wonder if it will stem the inflow. In addition, I can bet there'll be employers to pay on paper much lesser and deal the rest under the table.

    Now that said, I always wonder how these undocumented workers ever going to be found? Even with this, if people deem 10% is too high, then they will just continue to stay in the shadows.

    By paying these 10%, if USCIS accepts no other fees, that may bring that damn figure to a lesser number ;-)

    All in all, good attempt, the whole idea being, hit'em where they feel the most and that is money.
  5. beppenyc's Avatar
    Any hope to have it passed?
    I really think that everybody has discussed enough about it, and now we really need to fix it.
    I really think that Washington likes the status quo.......
  6. Another voice's Avatar
    I think this will make Canada and Europe more appealing to immigrate specially is you are a skilled workers and stand to potentially make a good salary in your field. Minimum wage earners, low skill will not have much of a choice.
  7. immi's Avatar
    Dangers Foreign Visitors Face
  8. beppenyc's Avatar
    who! i am Italian....a lawyer who is lookyng for Asylum from Italy!!!! Shame on them...but it`s true, everytime my parents come to visit me are treated very badly by the US customs...
  9. Legal and no longer waiting's Avatar
    "They were pretty shocked that the government could do this sort of thing, because it doesn't happen that often, except to people you never hear about, like Haitians and Guatemalans."

    Did they mean to say "people you never CARE about, like Haitians and Guatemalans"? Because it sure sounds like it's OK to detain a Guatemalan (and do it often), but not OK to detain an Italian for the same exact thing.
  10. Another voice's Avatar
    LNLW I think they meant how could this happen to an anglo person this sort of thing only happens to brown people.
  11. 's Avatar
    Unless there's jailtime or deportation involve it won't pass.
  12. Calouste's Avatar
    >> The white nationalists should like this because much of Europe can walk in without a visa and stay 10 years to get a green card.

    Do you really think that, specially with the current exchange rate for the dollar, people from Canada and Europe would be interested to pay 10% of their salary for the supposed benefit of living in the US (and not getting health insurance)?

    I don't say it would completely kill skilled immigration, but it would make the US even more unatractive than it is now.
  13. matts's Avatar
    Maybe CHC could to implement this on the undocumented illegals instead of pushing their amnesty call.
  14. The Avenger's Avatar
    Seriously, 10% of your AGI? Gimme a f..... What I think should happen is the following. Every unauthorized immigrant (meaning non-criminals only) should get a renewable EAD until Congress decides what to do with them, some sort of TPS if you will. Then it would make total sense to put all sorts of employment verification in place and the Real ID and all the enforcement you want. The idea of keeping these people in a limbo while this whole mess is straighten out is preposterous. If they are saying that they won't deport 12 million people then f.... do something to end this cruelty and insanity.
  15. A Nony Mouse's Avatar
    The thing with this proposal, as with all previous proposals that follow the same idea, is that it assumes two things:

    1) That all the illigal-immigrants actually *want* to become legal, and
    2) That someone will be able to catch all the illegals and make them adhere to this proposal.

    While it'd obviously be a "better than nothing" boon for those who do want legal status, I have to wonder if it'll end up punishing them for being honest.
  16. BeeDee's Avatar
    "Do you really think that, specially with the current exchange rate for the dollar, people from Canada and Europe would be interested to pay 10% of their salary for the supposed benefit of living in the US (and not getting health insurance)?"

    To clarify my comment-

    One of the complaints leveled against the immigration system by white nationalists is that white Europeans are at a disadvantage when trying to immigrate because the pipes are clogged with other types of immigrants (ref: Alien Nation). Thus any change that tips the balance towards easing immigration for Europeans should find favor with white nationalists.

    IMO this complaint advanced by the white nationalists should be acknowledged and accomodated. If the Hispanic Caucus can block immigration bills because some sort of amnesty is not on the table, then white nationalists who are a much larger block are certainly within their rights to block amnesty because the perceived injustice to European immigration is not being redressed when amnesty is considered.
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