Immigration & Green Card Law Firm, Lawyers, Attorneys: San Franscisco Bay Area to San Jose: What Happens Next: ?????

Friday, June 6, 2008

What Happens Next: ?????

Well... what is the answer to that question. Will there be immigration reform, green cards for all, celebrations galore by the immigration bar? Will there be a blanket amnesty, with latinos, and others, dancing in the street?

The answer, the truth, if you want to hear it, is that we just don't know. There is no point in pretending, or engaging in wishful thinking. But as a veteran in this arena here's my best guess or, for those of you wanting a fancy word... prognastication.


Now that we have an actual race between a Republican and Democarat, the first thing to realize is that both will move to the center. Yes, the center. That means there won't be radical and far right or far left pronouncements or promises. I think the 'anti-immigrant' rhetoric will soon stop. A solution to the immigration mess and a very broken system is another matter.

At the same time both candidates move rapidly to the 'center' politically, both will also, unfortunately, shy away from speaking "the truth". But who knows, maybe a surprise will be in store.

I have my fingers crossed. The truth, as I see it, is that for the 15+ million people here in an undocumented state we truly need to bring them into the system. Humanitarian reasons aside, we need these undocumented to come out of the shadows and pay their fair share of taxes! This needs to be said and I think will be palatable by all sides.

There is nothing racist, or anti-immigrant about blunting stating that those here illegally should be allowed to pay federal taxes (they pay state and local taxes for sure), and even to require them to pay 'back taxes'; but it should be articulated within the context of bringing these individuals who for the most part have come here to work out of the shadows. Until immigration reform most of these individuals cannot do so. The law as it now stands forbids it. The public needs to understand this 'truth'. Nor is it wrong to recognize the extra tsx burden on hard-working Americans - and for them to understand that if we can resolve this problem it is a "win/win". It should also be understand that immigration reform will also illuminate and isolate the criminals among the undocumented (so we can rid them from society). I would think rightly that most Americans would have very little tolerance or sympathy for these true law breakers. Let's focus on them, not the otherwise hard-working. They will no longer be able to hide among the masses.

Secondly, we need to reform a crazy 'legal immigration system', especially the rules on the employment-based side - my area of expertise and my focus here.

If an American employer chooses to hire the "best person for the job" and it happens to be a foreign national, and pay them a truly American wage, and the individual passes security clearances, why not? What is the point of governmental entanglement in private enterprise?


This may be much harder for working Americans to swallow - since no one really likes competition. But we have to compete now in a global world, and we can no longer just rely on our own population to fill the numerous skilled and unskilled workers.

There are many advantages to hiring a hard working American, and certainly a U.S. worker should have a 'leg' up in the labor market, but a job should not be guaranteed to U.S. workers. That, I thought, is anathema to a free enterprise system. The idea that a broken governmental beaurocracy is telling a U.S. employer how to run one's business, is a crazy idea. The fact that our yearly allotment of temporary (professional) work visas given to Industry, mostly used by 'high tech, is used up in a few days, is insane. That is a "recipe for disaster", and this blogger believes strongly that much of what is happening to our economy is a result of our lack of innovation - and immigration (not just the oil or housing crisis).

As a nation, we have become complacent and lazy as a workforce, and to compete in the world markets, we must learn again to compete among ourselves.

Creme always rises to the top - so don't despair. But this needs to be said to the American public. That we are competing and in competition with the rest of the word. No more free rides. Can you imagine a sports team limited only by Americans? They want to find the best talent, regardless of cost. They want to win!

Third, we must discuss those interminable lines to finally "get here".

If we are going to 'refresh' our economy with new immigrants, as we must every generation or so, and ask the hard working, the "best and brightest", and others, to come to our shores, play by the rules, and offer them to become part of the fabric of new America, we can't keep these "new citizens" in limbo forever. We must show them light at then end of the tunnel (so many see themselves in).

We should want them to feel secure and confident - so that they can be free to be enterprising, innovative, and successful in their new culture. There's no question that we will be quite dependent on these new scientists, engineers, entrepreneurs, and those that are in support, and simply the 'hard working', for many years to come. I believe this will be the case, and we will be dependent on immigration, until we revitalize our education system, and motivate our kids, to take education seriously.

Some feel that the Iraqi government that we installed is not serious because we are doing the hard work for them. This is natural. We can't expect that our children will work hard, if they feel that their future will be bright (regardless of what they do).

I can assure all my readers that my clients who are 'waiting' with no real sense their case or green card is shortly coming have a very difficult time getting the energy and motivation up to create the next Google or Microsoft. And these are brilliant people, very capable of doing so.

But even the highly motivated, the brilliant, can be disheartened by our present system.

If one looks back to all those 'immigrants', or even children of immigrants, that have contributed, generations past, one will see that they helped build America not while in some interminable line (at Ellis Island), but after leaving the island for shore. Today, we are holding back millions of such people unnecessarily. A dark cloud looms over our shores.

Anyway, that's how I see it.

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