2016 Presidential Election: The Candidates on Immigration

The 2016 US Presidential Election will enter history as one of the most polarizing elections in in recent memory. Aside from the frequent and often times vicious attacks between the two candidates this year’s election also represents a stark contrast in policy views. It seems that our country has reached a point of reckoning, which has been significantly amplified by the volatile political atmosphere as we approach November 8. The stakes are high in every major political issue; whether it be foreign policy, the economy, or immigration, the individual who takes office on January 20, 2017 will determine the trajectory of our nation for years to come. Thus, for voters and citizens, understanding each candidate’s position on the issues, as well as the potential repercussions of each outlook, is critical.

As a law firm devoted to successfully guiding our clients through the United States immigration law and processes, the outcome of this election is especially monumental. One candidate represents a continuation of the expansionist trend promulgated by the Obama Administration; the other represents a reactionary and restrictive immigration policy. This dichotomy is particularly obvious; we have all heard the rhetoric of Mr. Trump and Mrs. Clinton in relation to immigration. In this blog, we will juxtapose each candidate’s detailed proposals for our country’s complex and ever-changing immigration system.

Donald Trump on Immigration

Mr. Trump has proposed a ten-point plan to realize his immigration goals summarized below:

1. Begin working on an impenetrable physical wall on the southern border, on day one. Mexico will pay for the wall.

2. End catch-and-release. Under a Trump administration, anyone who illegally crosses the border will be detained until they are removed out of our country.

3. Move criminal aliens out day one, in joint operations with local, state, and federal law enforcement. We will terminate the Obama administration’s deadly, non-enforcement policies that allow thousands of criminal aliens to freely roam our streets.

4. End sanctuary cities.

5. Immediately terminate President Obama’s two illegal executive amnesties. All immigration laws will be enforced – we will triple the number of ICE agents. Anyone who enters the U.S. illegally is subject to deportation. That is what it means to have laws and to have a country.

6. Suspend the issuance of visas to any place where adequate screening cannot occur, until proven and effective vetting mechanisms can be put into place.

7. Ensure that other countries take their people back when we order them deported.

8. Ensure that a biometric entry-exit visa tracking system is fully implemented at all land, air, and sea ports.

9. Turn off the jobs and benefits magnet. Many immigrants come to the U.S. illegally in search of jobs, even though federal law prohibits the employment of illegal immigrants.

10. Reform legal immigration to serve the best interests of America and its workers, keeping immigration levels within historic norms.

A Trump presidency would reverse the Obama administration’s trend toward loosening the many restrictions that prevent legal immigration, as well as institute drastic measures to combat illegal migration and remove those who are illegally present in the U.S. He has promised to rescind all the executive actions enacted within the last eight years. Thus, millions of individuals whose removal from the U.S. have been deferred under DACA will be faced with the specter of deportation. He promises they will be apprehended, detained and deported.

As for legal immigration programs, a Trump presidency would also spell doom. In items six through ten of his proposed plan, he enumerates his intentions to widen the moat around this country. Point six directly threatens the country’s refugee and asylum programs; point nine is ambiguous and not clear whether it is referring to the programs geared toward employment visas, such as H-1B, H-2A, H-2B, and even NAFTA related work authorizations; point ten ensures that rather than expanding the number of visas available per year to meet demand, the number will remain constant or be reduced.  Overall, Mr. Trump’s proposals represent a regression from President Obama’s efforts toward an inclusive immigration system.

Hillary Clinton on Immigration

Hillary Clinton has expressed ambitions to perpetuate and expand the trends established in the last eight years. Most immediately, Mrs. Clinton has promised to protect DACA and DAPA executive actions against attacks. Thus, millions individuals living without status and countless families threatened by deportation would have the opportunity to live and work in the country while awaiting Congressional action on immigration reform

Mrs. Clinton proposes to introduce legislation for comprehensive immigration reform in the first 100 days of her presidency. Much of these proposals are predicated on protecting the rights of immigrants—legal and otherwise—and affording more opportunity to thrive in this country. Accordingly, she has expresses intentions to end 3 and 10 year bars, expand visa availability, and reform our methods of enforcing immigration law. She has also promoted the idea of expanded avenues to citizenship, although has not introduced a detailed plan to do so. Hillary’s proposals would make legal immigration easier and available to many more individuals, as well as provide expanded relief for those present illegally. But her aspirations for reform do not end there; she has advocated for the allocation of federal resources to fund inclusion programs and initiatives for immigrants, which include expanded English classes, US civics courses, and a general emphasis on citizenship education. Essentially, a Clinton presidency would treat immigrants as a demographic to be invested in and embraced.

Below is a general outline of Clinton’s immigration policies :

• Introduce comprehensive immigration reform. Hillary will introduce comprehensive immigration reform with a pathway to full and equal citizenship within her first 100 days in office. It will treat every person with dignity, fix the family visa backlog, uphold the rule of law, protect our borders and national security, and bring millions of hardworking people into the formal economy.
• End the three- and 10-year bars. The three- and 10-year bars force families—especially those whose members have different citizenship or immigration statuses—into a heartbreaking dilemma: remain in the shadows, or pursue a green card by leaving the country and loved ones behind.
• Defend President Obama’s executive actions—known as DACA and DAPA—against partisan attacks. The Supreme Court’s deadlocked decision on DAPA was a heartbreaking reminder of how high the stakes are in this election. Hillary believes DAPA is squarely within the president’s authority and won’t stop fighting until we see it through. The estimated 5 million people eligible for DAPA—including DREAMers and parents of Americans and lawful residents—should be protected under the executive actions.
• Do everything possible under the law to protect families. If Congress keeps failing to act on comprehensive immigration reform, Hillary will enact a simple system for those with sympathetic cases—such as parents of DREAMers, those with a history of service and contribution to their communities, or those who experience extreme labor violations—to make their case and be eligible for deferred action.
• Enforce immigration laws humanely. Immigration enforcement must be humane, targeted, and effective. Hillary will focus resources on detaining and deporting those individuals who pose a violent threat to public safety, and ensure refugees who seek asylum in the U.S. have a fair chance to tell their stories.
• End family detention and close private immigration detention centers. Hillary will end family detention for parents and children who arrive at our border in desperate situations and close private immigrant detention centers.
• Expand access to affordable health care to all families. We should let families—regardless of immigration status—buy into the Affordable Care Act exchanges. Families who want to purchase health insurance should be able to do so.
• Promote naturalization. Hillary will work to expand fee waivers to alleviate naturalization costs, increase access to language programs to encourage English proficiency, and increase outreach and education to help more people navigate the process.
• Support immigrant integration. Hillary will create a national Office of Immigrant Affairs, support affordable integration services through $15 million in new grant funding for community navigators and similar organizations, and significantly increase federal resources for adult English language education and citizenship education.

The major difference between each candidate’s immigration proposals stems from their viewpoint of immigrants themselves. On one hand, Donald Trump and his constituents have depicted them as burdens to society and a threat to American life; they are a group to be feared, both for economic and social reasons. On the other hand, Hillary Clinton has portrayed them as hardworking, law-abiding families looking for opportunity; they are a group to be valued and invested in. The disparities in each point of their policies stem from this profound dichotomy. Therefore, no matter one’s stance on the other issues or view of the candidates, a vote for one or the other has major implications.