Congress is much more likely to pass substantive immigration reforms this Congress. Key Senate Republicans have lost their positions to object to passage of bills containing liberalized immigration provisions, and it's clear that the House will act aggressively.
The most likely method will be changes to immigration enforcement policy & legalizations that will be included in must-pass legislation like appropriation bills. These legalizations could include almost anything up to and including the Dream Act/green cards for TPS recipients
But I think the preferred method for the Dream Act/Dream & Promise Act would be a standalone bill initially with other legalization provisions on must-pass bills. Dreamers have bipartisan support and are the most likely legalization to hit 60 senate votes.
The House is also likely to repass the Farm Workforce Modernization Act, and key senate Republicans including some surprises(!) have already committed to working for a bipartisan agreement in the Senate on H-2A reform and legalization of farm workers.
The Fairness for High Skilled Immigrants Act already passed both chambers last Congress, but I'm optimistic that now that Grassley/McConnell are no longer in a position to object that the bill will expand the total number of green cards
A more comprehensive bill that expands border enforcement, interior enforcement, mandates E-Verify universally, restricts chain migration, ends the diversity lottery, or creates new visa programs is much less likely to reach the 60 vote threshold.
That type of bill (basically, the 2013 bill with a path to citizenship for all immigrants without status) will run into problems with both parties right and left flanks and probably not make it across the finish line. I think priority is discrete attainable reforms fast.
Of course, those discrete reforms could include millions of people! So don't downplay the possibilities!
I shouldn't neglect the numerous, numerous smaller changes that could find their way into bills that before would have received objections from both the Senate GOP and the White House.
This moment is very different from 2009-2010 because the Democratic Party is a very different party. The "Blue Dogs" are almost all just regular Republicans now, and many establishment Republicans are now liberal Democrats. Democratic voters are now unified by an expansive agenda
Any legislation to expand work visas beyond the existing categories will be met with bipartisan opposition outside of comprehensive immigration reform, which is unlikely.
Beyond maybe the Dream Act, I wouldn't expect to see any major reforms before COVID-19 is under control. I hope that happens soon! The fact that COVID-19 relief just passed under Trump costs an important opportunity to legalize essential workers.

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More from @David_J_Bier

18 Dec 20
New! @CatoInstitute published today 30 short essays by 15 authors including some of America's leading immigration law experts urging Biden to go beyond reversing Trump's cuts & act to streamline & expand legal #immigration w/ agency action #BuildBackBetter cato.org/publications/s…
My coauthors & I sped after Nov 7 to compile the most rigorous but brief & readable cases for specific exec actions. Thanks @IraKurzban @CyrusMehta @WStock215 @AllyBolour @DavidKubat @AngeloPaparelli @SYaleLoehr @ASGvisalaw @GSiskind @MLaCorte_ @AILANational (& Amy/Scott/Lindsay)
Our list (1) is solely #legalimmigration & (2) goes past all Trump actions. We feel reversing them is not enough. Obviously, we didn’t touch on every issue, but went for novel or high impact ideas. This list sets the bar high but much more needs to be done by the admin & Congress
Read 34 tweets
11 Dec 20
Here is my attempt visualize the harm President Trump has caused not in terms of policies, but in terms of people, immigrants not coming to America, not receiving permanent residence, or being denied employment authorization and status.
cato.org/blog/visualizi…
Immigrant visa issuances were down 83 percent in October 2020 compared to FY 2016. Even before the pandemic, permanent immigration from abroad had declined by about 24 percent.
One reason for fewer issuances: USCIS started denying petitions for immigrant visas at a much higher rate. The denial rate basically doubled from about 8 percent in FY 2016 to 16 percent in the third quarter of FY 2020.
Read 17 tweets
9 Dec 20
Nearly all green cards are already awarded to those on temporary work visas, and the bill doesn't shrink the number of green cards available. It awards the same number in a different manner. This tweet is just confused.
1) Indians work in many industries including medicine, finance, education, energy, and much else. 2) The "national interest" is stopping discrimination based on birthplace, so talented people know that if they come to America, they'll get a fair deal.
Also, I have no idea whether the underlying report prompting these tweets is true. But there's no active spending legislation for consideration in the House. Image
Read 4 tweets
20 Nov 20
"The U.S. Citizenship and Immigration Services (USCIS) released new data showing that the green card backlog for employment-based immigrants in April 2020 surpassed 1.2 million applicants—the highest number ever." cato.org/blog/employmen…
The backlog increased from November 2019 to April 2020 at three times the monthly pace that it increased from April 2018 to November 2019. Image
Most of the increase in the EB backlog occurred in the EB-2 and EB-3 employer-sponsored categories for immigrants with a bachelor's or master's degrees. Image
Read 6 tweets
11 Nov 20
Out today, I provide an overview of suggested reforms for the major components of the immigration system. I provide detailed citations for how to make the reforms to the statutes. Congress shouldn't wait to take up reform next year cato.org/publications/e…
Here is my list of 52 specific ideas to vastly improve America's immigration system. Of course, much more should and can be done. But these are my priorities.
Congress should start with the premise that the U.S. permanent immigration system is very restrictive compared both with other wealthy countries among which it ranks in the bottom third for foreign born share and compared to its own history.
Read 16 tweets
6 Nov 20
During the transition, do you think DHS officials are going to say things like: "Here's how we're still separating families, where we are spending the money for imprisoned immigrant food and health care, how we're blocking asylum applicants, how we pick journalists to target...
"Here's how we target Muslims for additional screening, put Yemenis in 'administrative processing' to drop their visa apps, oh, we gave all premium processing fees to this contractor for this failed online system. Oh, and we secretly changed the H-1B standards over here...
"Look, here's the dumpster for initial DACA apps that we dumped in violation of SCOTUS. Let me show you how we arrest "illegals" living in homes in CA w/o any evidence they crossed the border (just call them human smugglers!), here's how we invent evidence of 'gang ties"...
Read 17 tweets

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