top of page

Balancing Borders and Opportunity: Reforming U.S. Immigration for the 21st Century

Writer's picture: Brian SiouxBrian Sioux

Updated: Dec 9, 2024

The United States has long been a nation of immigrants, drawing strength and diversity from individuals worldwide. Over the past decade, the U.S. has granted lawful permanent resident status to an average of over one million individuals annually, with a significant portion entering through family-sponsored preferences. Concurrently, the unauthorized immigrant population has stabilized at approximately 11 million, comprising about 3% of the total U.S. population. In recent years, the country has faced significant challenges due to uncontrolled illegal immigration, impacting national security and social stability. While the U.S. remains committed to welcoming immigrants, it is imperative that immigration laws are respected and enforced. To address these challenges, we propose a comprehensive overhaul of the U.S. immigration system, emphasizing strict adherence to legal processes, enhanced security measures, and a focus on attracting highly skilled and talented individuals who embrace American traditions and values.

Current Landscape of Illegal Immigration

Recent data underscores the urgency of addressing illegal immigration and the evolving challenges it presents to the United States.

  • Border Encounters: Between January 2021 and January 2024, U.S. Border Patrol reported over 7.2 million encounters with individuals attempting to cross the U.S.-Mexico border illegally. In 2023 alone, a record 2.5 million encounters were recorded, reflecting a sharp increase in migration pressures. While the majority of apprehended migrants originated from Mexico, significant numbers also came from Central American nations such as Guatemala, Honduras, and El Salvador. In recent years, there has been a notable rise in migrants from Venezuela, Cuba, Nicaragua, and other regions, including over 37,000 Chinese nationals in 2023 - a tenfold increase compared to the previous year.

  • Age and Demographics: The majority of unauthorized migrants are of working age, between 18–34 years old. A growing number of unaccompanied minors under the age of 18, particularly from Central America, have added to the complexity of immigration enforcement. Families with children crossing the border have also surged, reflecting changes in the profiles of migrants and their motivations.

  • Deportation Statistics: In Fiscal Year 2023, U.S. Immigration and Customs Enforcement (ICE) conducted approximately 1.1 million repatriations, representing a 25% decrease from the previous year. By mid-2024, around 411,000 repatriations had been carried out, indicating ongoing challenges in enforcement. Many unauthorized immigrants are released into the U.S. while awaiting immigration court proceedings, which can take years to resolve due to significant backlogs.

  • Visa Program Outcomes: Programs designed to expedite the removal of illegal entrants have faced hurdles. The Family Expedited Removal Program, launched in May 2023, aimed to swiftly deport families crossing the border illegally. However, nearly 90% of the 24,000 individuals processed under this program were allowed to remain in the U.S., with over 3,600 absconding and failing to comply with legal processes.

These trends highlight the complexity and scale of illegal immigration in recent years, underscoring the need for comprehensive policy reforms to enhance border security, manage demographic shifts, and ensure fair and consistent enforcement of immigration laws.


Current Landscape of Legal Immigration

The United States administers a multifaceted legal immigration system encompassing various visa categories designed to address family reunification, employment needs, humanitarian concerns, and cultural exchange. Each category operates under specific criteria and numerical limitations, contributing to the nation's demographic and economic landscape.

1. Family-Sponsored Immigration

Family-sponsored immigration facilitates U.S. citizens and lawful permanent residents (LPRs) in bringing certain family members to the United States. Immediate relatives - spouses, unmarried minor children, and parents of U.S. citizens - are not subject to numerical caps. Other family-sponsored preferences include adult children and siblings of U.S. citizens, as well as spouses and unmarried children of LPRs, with annual numerical limits.

2. Employment-Based Immigration

Employment-based immigration allows U.S. employers to sponsor foreign nationals for permanent residence under several preference categories:

  • EB-1: Priority workers with extraordinary abilities in fields such as science, arts, education, business, or athletics; outstanding professors or researchers; and certain multinational executives.

  • EB-2: Professionals holding advanced degrees or individuals with exceptional abilities in specified areas.

  • EB-3: Skilled workers, professionals, and unskilled workers in positions where qualified U.S. workers are unavailable.

  • EB-4: Special immigrants, including religious workers, certain international organization employees, and other specific groups.

  • EB-5: Investors who invest a substantial amount of capital in a new commercial enterprise that creates or preserves at least ten full-time jobs for U.S. workers.

3. Diversity Visa Program

The Diversity Immigrant Visa Program allocates up to 55,000 visas annually to individuals from countries with historically low rates of immigration to the United States. Applicants must meet specific education or work experience criteria and are selected through a randomized lottery system.

4. Humanitarian Programs

The U.S. offers protection to individuals fleeing persecution or disaster through:

  • Refugee Admissions: For individuals outside their home countries who are unable or unwilling to return due to persecution based on race, religion, nationality, political opinion, or membership in a particular social group.

  • Asylum: For individuals already in the U.S. or arriving at the border who meet the definition of a refugee.

5. Special Visa Categories

Several specialized visa categories address unique circumstances and serve specific policy goals:

  • U Visa: For victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. These visas promote cooperation between victims and authorities to address criminal activity effectively.

  • T Visa: For victims of severe forms of human trafficking who assist law enforcement in the investigation or prosecution of trafficking cases. This visa helps combat trafficking while providing support to survivors.

  • O Visa: For individuals with extraordinary ability or achievement in sciences, arts, education, business, athletics, or the motion picture and television industry. This visa highlights the U.S.'s commitment to attracting global talent and fostering innovation and creativity.

  • R Visa: For religious workers to work in the U.S. in a religious capacity. This visa enables organizations to meet spiritual needs and continue their mission-driven work.

  • H Visas:

    • H-1B: For skilled workers in specialty occupations, such as technology, engineering, and healthcare. This visa category is often used by U.S. companies to fill positions requiring advanced knowledge, but it has faced criticism for being exploited to replace American workers with cheaper foreign labor.

    • H-2A: For temporary agricultural workers to address labor shortages in farming. This visa supports the agricultural sector but is subject to strict labor condition requirements.

    • H-2B: For non-agricultural temporary workers in industries like landscaping, hospitality, and construction. This visa aims to fill short-term labor needs while ensuring that U.S. workers are not displaced.

  • F Visa:

    • F-1: For international students pursuing academic programs at U.S. institutions, including high schools, colleges, universities, and language training programs. These students significantly contribute to the U.S. economy but face challenges transitioning to permanent residency or employment opportunities after graduation.

    • F-2: For dependents (spouses and children) of F-1 visa holders, enabling families to accompany students during their educational pursuits.

These visa categories serve distinct functions but face issues such as administrative inefficiencies, exploitation, and lack of alignment with national priorities. Comprehensive reforms are necessary to ensure these programs operate efficiently, support American economic and security goals, and maintain fairness.

Program Challenges and Considerations

Each visa category within the U.S. immigration system faces unique challenges that hinder its efficiency and effectiveness:

  • Backlogs and Wait Times High demand in family-sponsored and employment-based categories has resulted in substantial processing delays. For example, family-sponsored applicants from countries such as Mexico and the Philippines often face waiting periods of 10–20 years due to annual numerical caps. Similarly, employment-based green card categories, particularly for Indian and Chinese nationals, experience extensive backlogs, leaving many in temporary visa limbo for decades.

  • Fraud and Abuse Several visa programs, including the Diversity Visa Lottery and certain H-1B categories, have faced issues of fraud and insufficient vetting. Fraudulent entries in the Diversity Visa Program compromise its integrity, while exploitation of the H-1B program has led to concerns about displacement of American workers and abuse of labor protections. These issues undermine public trust and raise national security risks.

  • Policy Changes and Administrative Inefficiencies Frequent shifts in immigration policy create uncertainty for applicants and employers, impacting long-term planning and recruitment strategies. For example, changes to visa procedures for religious workers under the R Visa category have led to significant processing delays, restricting religious organizations from fulfilling their missions. Similarly, evolving policies for international students under the F Visa category have created barriers to post-graduation work opportunities, limiting the U.S.’s ability to retain global talent.

  • Insufficient Screening and Oversight Certain visa categories, such as U and T visas, face challenges related to inconsistent screening processes and oversight, which can allow abuse or fraudulent claims while undermining the programs' intent to support vulnerable populations.

  • Mismatch Between Visa Quotas and Economic Needs Existing numerical limits for employment-based visas fail to align with the U.S. economy’s demand for high-skilled labor, particularly in STEM fields. Meanwhile, family-based visa quotas remain disproportionate, contributing to backlogs and raising questions about the system’s priorities.

Given these challenges, a comprehensive review and overhaul of the U.S. immigration system are critical. The system must address inefficiencies, reduce vulnerabilities to fraud, and adapt to the country’s evolving economic and security needs while maintaining fairness and alignment with American values.


Policy Recommendations: Immigration Reform Based on America First Principles

The United States, while historically a nation of immigrants, must now prioritize policies that ensure national security, economic prosperity, and the well-being of American citizens. To achieve these objectives, immigration policies must reflect the principles of America First and the Make America Great Again agenda by enforcing immigration laws, enhancing border security, and emphasizing merit-based admissions over outdated and risky systems.

1. Strict Enforcement of Immigration Laws

  • Enhanced Border Security Increase funding and resources for border security agencies, including advanced surveillance technology, personnel, and physical barriers, to effectively monitor and control all entry points. Expand collaborations with state and local law enforcement to ensure seamless border operations.

  • Deportation of Unauthorized Immigrants Prioritize the removal of individuals without legal status, especially those with criminal records, gang affiliations, or posing significant security threats. Strengthen partnerships with international governments to streamline deportation processes.

2. Suspension or Downsizing of Certain Visa Programs

  • Terminate the Diversity Visa Program The Diversity Visa Lottery, which randomly allocates visas to individuals from countries with historically low immigration rates, must be terminated due to insufficient vetting and increased fraud risks. This program does not align with national security priorities or economic goals.

  • Restrict Family-Based Immigration Limit family-sponsored immigration to immediate family members (spouses and minor children) to prevent extended family chains that burden social services and dilute economic priorities. End preferences for adult siblings and extended relatives.

  • Downsize Refugee Programs Reduce the number of annual refugee admissions and require stricter criteria for eligibility. Prioritize refugees who demonstrate alignment with American values and are less likely to strain social services. All refugees from Muslim-majority countries should undergo heightened screening to address potential security risks.

3. Promotion of Merit-Based Immigration

  • Attracting Skilled Professionals Implement a points-based system similar to those used in Canada and Australia, favoring applicants with advanced degrees, high-demand skills, and professional achievements. Allocate a higher percentage of visas to STEM professionals and workers in critical industries.

  • Encouraging Business Investments Expand the EB-5 Investor Visa Program with stricter vetting and accountability measures to attract credible investors who create jobs and contribute to the U.S. economy. Ensure investment thresholds reflect current economic conditions.

4. Implementation of Advanced Screening Mechanisms

  • Comprehensive Background Checks Utilize biometric data, artificial intelligence, and international intelligence-sharing agreements to perform in-depth background checks on all visa applicants. Emphasize screenings for individuals from regions with heightened security risks.

  • Health and Security Assessments Require all immigrants and refugees to undergo rigorous health screenings to prevent the spread of communicable diseases and ensure they meet public health standards. Enhance security assessments for individuals from high-risk regions to minimize potential threats.

5. Reform of Employment-Based Visa Programs

  • Reevaluate Temporary Work Visas Reform temporary work visa programs (e.g., H-1B, H-2A, and H-2B) to ensure they serve American economic interests without undermining wages or job opportunities for U.S. citizens. Enforce penalties for employers who exploit these programs to circumvent hiring U.S. workers.

  • Enhance Oversight of Specialized Visas Programs like U Visas (for crime victims) and T Visas (for human trafficking survivors) should remain but with improved oversight to prevent misuse while maintaining protections for vulnerable individuals.

6. Creation of a Streamlined Immigration System

  • Reduce Backlogs Address processing delays in family and employment-based immigration categories by allocating more resources to U.S. Citizenship and Immigration Services (USCIS). Implement stricter timelines for adjudications to reduce inefficiencies.

  • Integration of Technology Modernize immigration infrastructure by digitizing applications, improving tracking systems, and enabling interagency coordination to eliminate redundancies and improve decision-making.

7. Emphasizing American Values

  • Language and Cultural Requirements Require all immigrants to demonstrate basic proficiency in English and knowledge of American history and values as part of the naturalization process. This promotes assimilation and a shared sense of national identity.

  • Economic Self-Sufficiency Ensure all immigrants, including family-sponsored and employment-based applicants, demonstrate the ability to support themselves without reliance on public assistance programs.

The proposed reforms aim to secure America’s borders, prioritize the well-being of its citizens, and uphold the integrity of the immigration system. In the past, Congress has attempted to reform the system with limited success, but the challenges we face today demand immediate action. Now is the time to work in a bipartisan manner to overhaul and modernize the system. By transitioning to a merit-based model, limiting programs that do not serve national interests, and enforcing stricter vetting measures, the United States can build a more secure, prosperous, and unified society while continuing to welcome individuals who align with American values and contribute to its future. Together, these reforms can ensure that America remains a beacon of opportunity, guided by fairness and national priorities.


27 views0 comments

Comments


Commenting has been turned off.
bottom of page