The debate on illegal immigration, naturalization, and border security has always been present in the political sphere, but recent policy changes made by the Trump administration via executive order raise many logistical questions that are ignored in discourse. As a non-partisan policy researcher, I find the lack of nuance from many different political backgrounds, frankly, disturbing. In the spirit of the recently passed holiday celebrating national pride and being in this community, far removed from the southern border, I hope to draw some attention to both the topic of who really belongs in this country and to one policy area in particular: the non-sense, legal obstacles that prevent certain unauthorized immigrants from securing lawful permanent residence.  

It’s incredibly common to hear the following complaint: “why don’t these people just legally immigrate or apply for legal residence?” If you have ever found yourself in this boat, I would like to direct your attention to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. The legislation says that anyone who has stayed unlawfully in the U.S for 180 days is barred from re-entering the country for three years and anyone who has stayed for a year or more is barred for ten years; these individuals can then apply for a green card from overseas or out of the country once that period expires. It is estimated by the Migration Policy Institute that 1.2 million of the 11.3 million illegal immigrants in the U.S, as of this year, are barred from accessing a green card that they would otherwise be eligible to secure.  

It might sound reasonable for there to be this deterrence, though, right? Perhaps to prevent the increased flow of individuals illegally immigrating and instead encourage them to come here ‘properly’ from the start? The evidence suggests otherwise: about 62% of all unauthorized illegal aliens have lived in the U.S for over ten years, including those who have done so over the last 24 years since the law was enacted. The problem is, even individuals who have always qualified for a green card by either sponsorship from a spouse or sponsorship from an employer have to follow this procedure. The logistical cost for applying for a green card today poses a substantial risk for severing long-established families and/or hard-working, tax-paying employees by forcing them to return to foreign countries, in some cases to a country they haven’t lived in for decades, for an absurd amount of time. This is especially unattractive for those who have secured a long-term career that contributes to the U.S economy because these individuals have no protection from job loss in these instances. This is all to ignore the sheer financial cost required to apply for such a route. 

Congress was aware of this problem of hurting those who have been ‘legal residents’ in every functional metric except by name, so there are two exemptions that exist: for individuals parenting a child who is a citizen or for those whose absence from the country–in accordance with the 1996 law–would pose “extreme hardship” for a citizen or lawful permanent resident upon leaving. The problem is, “extreme hardship,” except in cases of certain fatality or critical health conditions, is hard to argue for successfully. Still, if granted, it is no guarantee that they will be allowed to return to the U.S.  

There is no benefit to anyone–whether it’s the unauthorized person, the community at large, or the American government–to make these individuals leave for up to ten years. Remember, these are not the ‘undesirables’ that political pundits scream immaturely about on the television, these are established members of the community: doctors, lawyers, teachers, neighbors, or family friends. It is easy to talk about supporting click-bait policies like the southern-border wall or increased funding to I.C.E agents, but when looking at common sense policy debate (when emotions are done away with), fixes like this are seldom discussed.  

Another quick note, though, on the matter of abolishing such a policy. Is this just sweeping access to citizenship for all people in a weird disguise? No. This is about those who have, and will, always qualify for having come here legally, but who are not able to act on that eligibility for a green card due to a law that continuously bashes them for a single mistake that might have been made many decades ago. If we want to start by fixing the “flaws” in the immigration system that are always hinted about on Fox News, CNN, or MSNBC, perhaps we should do more than vaguely hint at what those very flaws might be.  

Patrick F. Bloniasz is a policy researcher and student at Bowdoin College.