Senate Legalization Plan: More Fees for F(r)eedom

April 20, 2013

Guest blogger: Kimberly Armstrong, third-year law student, University of San Francisco

In response to ”Immigration Plan Includes Controversial Path to Citizenship”

Apparently the way to reform immigration is to continue to do the same old two-step that has been ineffective in the past, expend financial resources in the billions “securing the border” and increase the costs for obtaining citizenship for those who already cannot afford it. The Senate legislation crafted by the Gang of Eight is an attempt at effective immigration reform. However, it seems to be making the pathway to citizenship for the already 11 million people living in this country more difficult than it was before.

The legislation’s path to citizenship is only available to immigrants who got here before the end of 2011. How will this be determined, considering those who entered before then might have entered here illegally? They have to initially pay a $500 penalty, pay back taxes, etc. Let me get this straight, in addition to an initial $500 fine and filing fees, they have to pay back taxes too? To who, some fake Uncle Sam, is this for real? So, it is likely that the same individual, who sought legal remedy for unpaid wages, but denied by our justice system due to his unlawful status will be required to pay back taxes? What documentation will they use to file taxes? A fraudulent W-2 form from an employer who knowingly and illegally hired the individual? Or, what about those who were unable to work at all? What earnings can they report in order to be eligible to even pay back taxes? Aside from these fees, according to the bill, they will also have “criminal background checks to get registered provisional immigrant status.” This part concerns me just as much as the fees requirement.

Usually immigration related criminal background checks serve some other purpose, not clearly stated in the bill itself. While arguably a measure to protect public safety, it’s true intent might be a means to weed out those ineligible under this bill’s suggested rubric/pathway to citizenship. One of the many problems here, is that a number of individuals might not clear the background check based on their already illegal status, in light of our unique and current criminal-convictions system for the undocumented immigrant. But, wait, there’s more to consider without being considered…

Renewal after six years, by paying another $500. And then after waiting 10 years in all…” I am a little unclear here. After waiting six years and paying an additional $500 fee to renew their provisional status, they have to wait another four years, for a total waiting period of ten years? After which time, “they can [then] apply for legal permanent resident status, which is commonly known as getting a green card by paying another $1,000, which allows them to stay in the country but not get any means tested, federal benefits, including Obamacare.” Well, thank you very much!

By now, any applicants still interested would have racked up over two-thousand dollars in application fees alone, not to mention the application fee, plus any back taxes, plus any costs for criminal background checks that might be required at the applicant’s cost, plus any other unknown fees not considered in this bill, but likely associated with simply applying for citizenship under this new pathway. For instance, attorney’s fees for representation, transportation costs, time lost facing long waits, bureaucracy trying to simply get in the system. The bill offers the final cherry on top:
“And then they have to wait at least another three years before applying for citizenship. So 13 years, at least, before any of these people could actually become voting citizens.”

Count it up, thirteen years and a few thousand dollars, at least.

Supporters of this bill must be likening this pathway to citizenship to the costs for giving birth to a child in the U.S. The only difference is that at least the latter has established citizenship rights without having to wait until his or her thirteenth birthday. I understand the deterrent effect in trying to lower the numbers of undocumented immigrants entering or already in this country, but this pathway lacks consideration from those who will actually be affected by it. And, the goal of deterrence might actually be curbed. A fairer system should be implemented Maybe mitigate the wait time of thirteen years by the amount of years a person has already resided in the U.S., where less than thirteen years. Seriously cut some fees, reconsider drafting a bill that might not bring as many dollars, but may make a lot more sense.