1. Immigration Policy: Advancing a Faith-Based, Humane Narrative
Joanna Williams
Kino Border Initiative

2. Election Scenarios Presidential Senate House
A Clinton Administration is likely to try to act quickly on a comprehensive immigration bill, but in the process is probably willing to make many concessions on the security front. The Administration might use executive action if unable to pass a bill, but is unlikely to take significant executive action in the first couple of years.
A Trump Administration would likely use executive action on issues like increasing deportations and may request congressional support for funding for more security.
Senate
If Democratic: makes a bill with a Clinton Administration more likely, or at least on slightly more favorable terms. Could block some anti-immigrant proposals of a Trump Administration.
If Republican: a Clinton Administration would likely still attempt to push a bill forward, but would be more likely to have many security-focused proposals. A Trump Administration could be able to pass much more anti-immigrant proposals
House
Almost certainly the House will remain in Republican control. In 2013, the mentality was that the House would have to accept a Senate immigration bill. It didn't work then and is unlikely to work in 2017 – at least some combination of bills will have to emerge from the House.

3. Sending a Clear Message of the Ideal
In the faith context, we have the privilege of staking out the moral high ground and defining what values we want to be communicated.
A Church beyond borders
Mercy
People on the move to seek protection for basic human rights, like economic security and safety
"Criminals" "Deporting felons not families"
Human dignity
De-criminalization of immigration
Secure the border
“Vibrant border communities”
“Human rights and human dignity at the border”
“An accountable border”

4. Compassionate, Holistic Immigration Reform
Path to Citizenship
Visa allowances and reform
Enforcement
Border
Interior
Detention, Due Process and Asylum

5. Path to Citizenship Accessible and in a reasonable amount of time
Citizenship should not be bogged down with many hard to attain “triggers” that could slow the process for many years
Exclusions
Minimize the grounds under which one would be excluded from obtaining legal status. People should be considered holistically and in the spirit of criminal justice reform there should also be forgiveness in the immigration context (see criminal justice talking points).
Citizenship, not just legal status

6. Model and Not so Model Legislation
“DREAM Act”
Would provide a path to citizenship for youth who entered the country before the age of 16, have lived for 5 years continuously in the US, and who have attended two years of college or served two years in the military.
HR 2095: “American Families United Act”
Increases discretion for an immigration judge to cancel removal due to the fact that family separation would be a hardship
S744
The good: path to citizenship, with fast track for DREAMers
The bad: up to a 10 year wait to apply for permanent immigration status, restricts eligibility due to unemployment or low wages, eligibility for citizenship subject to border security triggers

7. Visa Allottments Priority for family reunification visas
Clear oversight of working conditions
Many temporary worker programs through US history, including the Bracero program, expose workers to abuses because of limited oversight of conditions and the fact that visas were and are tied to the employers.
Eventual opportunity for individuals on a temporary visa to obtain permanent residency and citizenship
Temporary visas without any opportunity for permanent status could later create a future second class or undocumented group in the country.
Unlawful presence bars
Unlawful presence bars exclude people from accessing legal status due to previous residence without legal authorization in the US. A reform bill could provide more grounds to waive these bars or eliminate them altogether.

8. Model and Not so Model Legislation
The good:
Raised the per-country ceiling for family reunification visas
People with temporary work visas could switch employers and there was a chance for eventual permanent immigration
Would ease requirements for waiver of unlawful presence bar
The bad:
Reduced the number of family reunification visas
Eliminated the sibling category for family reunification
Capped the age of adult married children with whom the parent could request reunification

9. Enforcement - Border Border Patrol oversight and training
One in three migrants crossing the border report suffering some abuse by Border Patrol
Ending or reducing use of the “Consequence Delivery System”
This system is a combination of policies designed to make people suffer as a result of crossing the border, many of which erode migrant rights and increase vulnerability
One of the key problematic components of the system is the criminalization of migration, where individuals are prosecuted for illegal entry and reentry through fast track programs including Operation Streamline
Emphasizing family unity and safe deportation practices
65% of individuals crossing the border with immediate family members are separated from those family members

10. Model and Not so Model Legislation
Border Enforcement, Oversight, Accountability, and Community Engagement Act (HR3576) – would increase Border Patrol training and set up an Ombudsman responsable for overseeing complaints and discipline
Protect Family Values at the Border Act (HR3605) would:
Ensure that family unity is considered before any prosecution for illegal entry
Increase training on dealing with families and children
Mandate standards for short-term detention
Corker-Hoeven Amendment to S744
20,000 additional Border Patrol agents (doubling the number of agents)
Tripling criminal prosecution of border crossers
Kate’s Law (HR 3011) – would establish a five year mandatory mínimum sentence for illegal reentry

11. Enforcement - Interior
Appropriately Implemented E-Verify System
Meant to verify whether people are legally allowed to work
Important that implementation include appropriate protections for people wrongfully found ineligible to Work
Reducing Federal cooperation with local authorities
The Secure Communities program was meant to target people who have committed crimes for deportation, but cast a broad net and caused community mistrust. The Priority Enforcement Program is meant to replace it and be more respectful of due process and constitutional rights, but the details are still unclear.
287(g) agreements – local authorities are deputized to do federal immigration enforcement. (Previously included street enforcement, now just limited to jails).
Sanctuary cities – cities refuse to comply with ICE “detainers” or requests to hold someone in local jail for longer to wait for ICE to take custody. These detainers were a common feature of the Secure Communities program.

12. Model and Not so Model Legislation
S744 – would have mandated the use of E-Verify, but in a context that would have included a legalization program. Would have given people access to their information in the system and the right to appeal decisions.
Stop Dangerous Sanctuary Cities Act (S3100) – would prohibit sanctuary cities from receiving certain federal grants for economic development
Empowering Local Law Enforcement Act (H.R.5853) – would make 287g agreements mandatory

13. Due Process, Detention, and Asylum
Increase access to attorneys
Only 37% of immigrants have an attorney, only 14% of those in detention
Detained immigrants with attorneys are twice as likely as to receive relief than those without, non-detained immigrants with attorneys are five times as likely as those without attorneys to receive relief (see AIC report “Access to Counsel in Immigration Court”)
Expand alternatives to detention and end the detention bed mandate
Currently in our appropriations legislation, ICE is mandated to have 34,000 detention beds
Immigrants spend an average of a year in detention without bail, which is physically, emotionally, and psychologically damaging
Moreover, it costs $159 to detain a person for a day, and between 17 cents and $17 to use an alternative to detention.

14. Model and Not so Model Legislation
Fair Day in Court for Kids Act (S2540 and HR4646) – would mandate that unaccompanied kids and other vulnerable individuals receive legal representation, at the government’s expense if necessary
Justice is Not for Sale Act of 2015 (S 2054) – would eliminate the detention bed mandate
Asylum Reform and Border Protection Act of 2015 (HR 1153)
Prohibits the government from paying for attorneys for immigrants
Restricts access to start the asylum process and dramatically increases the elements that must be proved for a successful claim
Requiring prolonged detention of asylum seekers (by limiting parole)
Restrict the definition of unaccompanied child

15. Other Opportunities: Appropriations
With or without compassionate and holistic immigration reform, many proposals can be incorporated into funding bills:
Ending the detention bed mandate
Hiring more immigration judges
Providing funding for immigration lawyers, especially for vulnerable populations
Hiring non-Border Patrol staff to perform medical and social services duties at Border Patrol stations
Improving the complaints and investigation process to deal with misconduct

16. Congressional Offices and Administrative Power
Friendly Congressional Offices can be great allies to put pressure on the administration for issues that they can address, such as:
Using alternatives to detention
Granting deferred action and temporary protection to particular groups
Increasing training and oversight of Border Patrol
Not prosecuting asylum seekers for illegal entry or reentry
Prioritizing family unity over enforcement practices like the Consequence Delivery System

17. Hostile Post-Election Scenarios
Likely executive action by a Trump Administration to increase interior deportations
Could be slowed by Congressional action to limit funding or not increase funding enough
Possible advancement of aforementioned negative Congressional legislation
Need to advocate for our representatives to stop these bills and at the very least weaken their provisions through amendments

18. Helpful Resources
American Immigration Council’s resource page: Has helpful factsheets and up to date reports on many aspects of the system.
Justice for Immigrants project of the United States Conference of Catholic Bishops. Many resources to help develop language around immigration from a Catholic perspective.
IFTJ immigration talking points and backgrounder (links at
Interfaith Immigration Coalition website has toolkits related to specific issues, national and local action alerts and ways to connect your advocacy to a broader movement: