AILA seeks legal pathways to permanent status

The American Immigration Lawyers Association (AILA) has asked Congress to undertake several reforms, including providing permanent legal status for people who have ties to the country but are still undocumented or only have temporary status.

By some estimates cited by AILA, long-term undocumented residents living in the United States for ten years or more represent 6.7 million people. Of this group, 19% have lived in the United States 25 years or longer.

As part of its March 21 National Day of Action 2024, the association comprised of more than 16,000 immigration professionals, supported legislation that would give individuals an opportunity to seek permanent status

It also called on Congress to advance bipartisan solutions with four key objectives. First, promote the nation’s economic growth and prosperity; second, ensure the orderly, efficient, and fair processing of migrants at the US southern border; third, adequately resource immigration agencies to decide immigration matters in a timely and fair manner and to ensure safe and humane compliance with immigration law; and fourth, expand legal pathways to meet the needs of American families and businesses.

READ: Lawmakers advocate axing green card country caps (March 13, 2024)

To achieve these goals, AILA recommended that Congress adequately fund USCIS, Departments of Labor and State to reduce case backlogs and processing delays.

It should provide specific appropriations to accelerate the implementation of e-filing and other technology initiatives that will enhance efficiency, consistency, and fairness in adjudications.

Congress, the AILA suggested, should provide relief to individuals stuck in immigrant visa backlogs by increasing the number of available immigrant visas, exempting spouses and minor children of primary applicants from the immigrant visa quotas, enabling individuals to get the benefits of filing an adjustment of status applications earlier, protecting minor children from aging out, and eliminating the per-country caps.

READ: Biden keen on pathway to citizenship for undocumented immigrants (February 17, 2021)

AILA asked Congress to pass legislation that would modernize the US immigration system to ensure effective, fair, and orderly border migration. To do so, it suggested dramatically increasing the migrant processing capacity at the Southern border by adequately funding CBP staff and infrastructure at ports of entry.

It sought increased funding for USCIS and DOS to speed up the processing of applications for visas and other legal petitions, which will in turn reduce delays at the border and alleviate the pressure that drives people to the border.

AILA asked Congress to expand legal pathways to reduce unauthorized entries and alleviate pressure at the border and provide cities with the resources they need to support new arrivals by funding the CBP and FEMA Shelter and Services Program (SSP).

READ: Undocumented immigrant is not a criminal: Sen. Kamala Harris (February 17, 2017)

To ensure people appear for court hearings, AILA suggested investing in highly effective alternatives to detention, particularly community-based case management which is humane and increases legal compliance.

AILA asked Congress to reduce funding for immigration jail-like detention where conditions are frequently unsanitary, unsafe, and inhumane for asylum seekers and other migrants and costs taxpayers over $3 billion annually.

AAILA also suggested robust congressional oversight over all government and private entities that detain or otherwise take custody of noncitizens.