Part 1

Published by: Top Immigration Lawyer Keil Hackley, Senior Partner of Hackley & Robertson, P.A.

Both presidential nominees have pledged, albeit in polar opposite ways, that a top priority upon taking office will be to fix the broken (knee-shattered) U.S. Immigration system. Both candidates have spoken generally about their respective immigration plans, but neither has provided enough detail that allows us to understand what they will actually do and what we can realistically expect to happen.

Most individuals seem to be viewing the reform of U.S. immigration laws through a distorted and narrow lens. That is, they see it as an “either or” proposition—meaning Congress enacts a law that puts into motion a general amnesty-type program, or, enforcement efforts are ramped up to attempt what most consider to be an unrealistic mass deportation program. Neither is necessary. I believe it was Oscar Wilde who said “Everything in moderation, including moderation.” With that iconic quote in mind I share my views on how to solve the US immigration problem in my multi-blog series on the topic starting with this:

In 1996, Congress enacted the Illegal Immigration Reform and Immigrant Responsibility Act {INA Section 212(a)(9)(B)} which bars foreign nationals who have overstayed their nonimmigrant visas (or entered the US illegally without first being inspected) from returning to the

U.S. for a significant period of time. Depending upon the length of time the foreign national has been in the U.S. unlawfully, the timeframe bar to returning may be either one year, ten years, or permanently. Future blogs will detail how the 3/10/permanent bars are triggered. For now, suffice to say, since 1996 individuals who are subject to these bars face harsh consequences and will find it difficult or impossible to return to the U.S.

A starting point for immigration reform is to reexamine this INA section which created these bars. I predict that a deep analysis of this provision will demonstrate that it both failed to carry out legislators’ intent and failed to serve the purpose of curbing illegal immigration. If I am correct on that premise, I am also correct in saying that a repeal of the 3/10/permanent bar will not shock anyone’s conscience or have an adverse impact on our current immigration system. If Congress is not so brave as to repeal the law, then it can certainly carve out an exemption (as opposed to a cumbersome waiver) that will clearly, substantially, and humanely begin the discussion of how the U.S. immigration system can be fixed without a controversial amnesty program.

Any action regarding the 3/10/permanent bar will require Congressional action for sure. But, in the overall scheme of things it is a small tweak to a big problem that will have ginormous implications. Let’s start there.

If this approach interests you, aggravates you, or simply intrigues you, please stay tuned. My next blog will elaborate on how I see the exception to the 3/10/permanent bar being crafted and how individuals who utilize it will return to the U.S. on new U.S. visas.

Keil Hackley is the Founding and Senior Partner of Hackley & Robertson, P.A., a U.S. immigration law firm dedicated to helping individuals and companies navigate U.S. immigration law. With a team that includes former U.S. Immigration and Naturalization Service (INS) attorneys and investigators, Hackley & Robertson is skilled and focused on helping clients with their immigration law cases. While we are located in South Florida, we handle immigration matters throughout the United States.

The information contained in the blog does not constitute legal advice or any other advice and should not be relied upon as such. Learn more about the immigration law firm Hackley & Robertson, P.A. at www.HackleyRobertson.com.     We   invite   you   to   follow   Hackley   &   Robertson,   P.A.   on Twitter@ImmigrationPros and me @Keil Hackley

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