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Greg Siskind on Immigration Law and Policy

TRIGGERS AND TOUCHBACKS

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These are two terms you're about to become familiar with if you closely follow the immigration debate. The House bill was introduced this morning by Congressman Gutierrez (D-IL) and Flake (R-AZ) and though I have not gotten the full text, I've gotten a summary and have a bit of an idea of what to expect. The bill resembles the Senate bill that passed last year in many respects. Two parts of the bill are specifically designed to appease the anti-amnesty folks (at least the reasonable ones).

The legalization aspects of the bill will not kick in until benchmarks are reached on the enforcement provisions (the "trigger"). This will address the criticism that we should not be offering benefits to undocumented immigrants until we get control of the border and immigration enforcement.

The other important appeasement provision is the "touchback" that will require legalization applicants to leave the US and then reenter the US. The idea is that the departure and reentry will be instantaneous, but somehow the immigrant will be "cleansed" by the process. Sort of like baptism.

More to follow when I see the text. Hey Hill insiders - email me a copy of the text and I'll get you my section-by-section summary before everyone else.

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Comments

  1. Tom's Avatar
    Greg what is your take of this part of STRIVE Act of 2007? Does this affect to shorten waiting time all 4 categories of family-based immigration visas?

    TITLE V - VISA REFORMS ? Family-Based Immigration: Exempts immediate relatives of U.S. citizens from the annual level of 480,000 for family-sponsored immigrant visas. Redistributes the 480,000 family-sponsored immigrant numbers among existing family preference categories. Unused family-sponsored immigrant visas from previous fiscal years are recaptured and made available for family-sponsored immigrant visas for future fiscal years.
  2. Elmer Isaac's Avatar
    Does include persons under final orders of removal? Or does it provide any waivers for those persons?

    TITLE VI: Earned Legalization Program for the Undocumented .......... "Provides certain immigrants in removing proceedings, facing removal, or ordered to depart voluntarily with an opportunity to apply for conditional nonimmigrant status"
  3. tty's Avatar
    does this means that the 5-10 year ban will be no more ?
  4. Papa's Avatar
    So how will it take before it is brought to the floor? Any word on where the Senate stands on CIR?
  5. mckintosh's Avatar
    i heard that those who came here before june 1 2006 were the only qualified persons is this true? if this was true what are they going to do with those illegals who came here after that time? can anyone send me a copy of this bill.
  6. Elmer Isaac's Avatar
    The text of H.R. 1645 has not yet been received from GPO

    Bills are generally sent to the Library of Congress from the Government Printing Office a day or two after they are introduced on the floor of the House or Senate. Delays can occur when there are a large number of bills to prepare or when a very large bill has to be printed.

  7. Olu's Avatar
    With last year's Senate CIR and this year's House STRIVE, how is the Congress going to handle Family Based I-130's in the 4th preference, especially for those out of status that took advantage of the 245(i) in 2001? Will leaving the country still trigger the 10 year bar or will they be allowed to take advantage of the "touchback" without invalidating the I-130?
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