"Unveiling of the Statue of Liberty Enlightening the World'' (1886) by Edward Moran. Oil on canvas. The J. Clarence Davies Collection, Museum of the City of New York.
NEW LONDON, Conn.
As a retired Immigration and Customs Enforcement (ICE) lawyer, I have often asked myself "What should the federal government do about the 11 million undocumented immigrants in America?"
The simple answer is to revive a dormant law.
While serving in the general counsel's offices of the Immigration and Naturalization Service (INS) and ICE for 37 years, I observed many long-time undocumented immigrants facing removal proceedings. They were ineligible for relief from deportation under section 249(a) of the Immigration and Nationality Act (Act) because they had entered the United States after Jan. 1, 1972. Otherwise, they would have been eligible to apply for the benefit of lawful permanent residence status under section 249(a).
In fairness to those who have set down deep roots in America, I urge Congress to enact a bill updating 249's outdated entry requirement from Jan. 1, 1972, to Jan. 1, 2005. This would constitute a major, but fair, breakthrough immigration solution that could benefit thousands of persons who have resided here continuously for more than a decade, including many DACA {Deferred Action for Childhood Arrivals} recipients, and who wish to apply for lawful permanent residence.
By changing the eligibility date, long-time foreign-born residents who possess good moral character would have a path to legal status. The section's existing legal bars would still block from legal status "inadmissible criminals, procurers, and other immoral persons, subversives, violators of the narcotic laws or smugglers of aliens."
Every applicant would continue to bear the burden of proof to establish eligibility. Once the USCIS or immigration court granted lawful permanent residence, the applicant would typically wait five years thereafter to apply for naturalization, or three years if married to a U.S. citizen.
This update of the section would amount to a simple statutory fix with enormous consequences that could be supported even by Republicans who can appreciate that a party hero, Ronald Reagan, was the last president to update section 249(a), on Nov. 6, 1986.
Experienced immigration practitioners have expressed solid support for this immigration solution.
"It would be the easiest solution, of course," said Rita Provatas, a member of the Immigration Lawyers Association (AILA). "(Its) beauty is the statute's simplicity."
In its March 14, 2017, editorial, The {New London, Conn.} Day said it "likes the suggestion of Robert Kim Bingham Sr., a veteran attorney with ICE."
These are but a couple of the many voices from various political persuasions that have expressed support for the proposal.
Given that a significant number of the "11 million" group, who have lived here continuously for over a decade could qualify to become lawful permanent residents under section 249(a), if updated accordingly, the time for Congress to move up the entry date to Jan. 1, 2005 is now.
Robert Kim Bingham Sr. , who lives in the New London area, retired after working 37 years as an ICE lawyer. He can be reached at rbingham03@snet.net. Thank you to Chris Powell, of the (Manchester, Conn., Journal Inquirer, for notifying New England Diary about this essay.
