By ELENA SHORE, New America Media
Mee
Moua’s family came to the United States in 1978 after fleeing Laos four years
earlier and relocating to a refugee camp in Thailand. Her father planned to
bring his brother and father over as soon as he was economically secure, but he
had trouble finding a steady job as a new immigrant. When he finally did get
work, it was too late; his brother and father had passed away.
Now
the president and executive director of Asian American Justice Center, Moua
sees her family experience as similar to that of many Asian families today who
are separated for years, sometimes decades, as a result of backlogs in
family-based visa applications.
Moua’s
interest in the fight for comprehensive immigration reform, she says, is
personal: “It is for my family and my father and the people in my community
because they are the ones who are directly affected,” said Moua, one of three
speakers during an ethnic media telebriefing on immigration reform, organized
by New America Media.
About
60 percent of the 17 million Asian Americans in the United States are
foreign-born. Ninety percent of Asian immigrants come to the United States
through family-based immigration visas, so backlogs in the system affect their
everyday lives. In fact, nearly half of the 4.3 million people in the family
backlog worldwide are in Asia.
“What
people often…frame as a Latino issue, it’s just not true,” Moua said. One in 11
undocumented immigrants in the United States is Asian American; one in 10
so-called “Dreamers” is Asian American.
This
year’s immigration reform debate, Moua said, is “a window of opportunity for
our elected officials to exert some leadership, to finally create an
opportunity for families to feel secure, for families to feel safe, families to
be reunited, and really take advantage of the American dream….”
Advocates
are optimistic that Congress could pass a comprehensive immigration reform law
this year that would include a path to citizenship for the estimated 11 million
undocumented immigrants living in the U.S., along with a strong family
reunification program and targeted enforcement.
Frank
Sharry, executive director and founder of America’s Voice, said this optimism
comes from a confluence of factors: “The president promised it, the Democrats
want it, the Republicans need it, the American people support it and the
immigrant rights movement is strong enough to deliver it.”
The
2012 election was a “game changer,” Sharry explained, with record turnouts from
Latino, Asian and immigrant voters who played “a huge role” in re-electing
President Obama, helping Democrats hold the Senate, and winning a number of
contested House seats. “And,” he added, “immigration played a huge role in
mobilizing Latino, Asian and immigrant voters.”
In
the Senate, the so-called “Gang of 8,” a bipartisan group of senators, is
working to develop an immigration bill. Advocates expect the Senate to begin
debate and produce a bill in March. Another bipartisan group is developing a
bill in the House of Representatives, although the timeline of that bill is
less certain.
The
mood at the Senate Judiciary Committee hearing on immigration reform last
Wednesday was notably different from 2006, the last time Congress took up
immigration reform, noted Angela Kelley of the Center for American Progress.
“It
was stunning,” Kelley observed. “The star of the hearing was José Antonio
Vargas [the Filipino American Pulitzer prize-winning journalist who announced
publicly in 2011 that he was undocumented]… I think [it was] the first time an
undocumented person who has come out as an undocumented person is testifying
before the Judicial Committee.”
Despite
the optimism, many remain concerned about who might be included ― and who might
be left out ― of a federal immigration reform bill.
Advocates
will be waiting to see how several key issues play out in the immigration
reform debate ― beginning with what will happen to the 11 million undocumented
immigrants already living in the country. Will there be a direct, achievable
path for them to become legal permanent residents and eventually apply for
citizenship after meeting certain requirements? Or will they be converted into
a class of people who exist in a kind of legal limbo, protected from
deportation yet unable to become citizens, like the recipients of deferred
action?
Another
concern for immigrant rights advocates is that border enforcement will be used
to delay other aspects of reform. Will granting legal status to undocumented
workers be contingent on first achieving a secure border? And if so, how will
border security be measured? Some pro-reform advocates argue that the
government already has met its obligations on enforcement and are now calling
for a halt to all deportations.
Advocates
are also watching how immigration reform will handle visas for workers, not
only in agriculture and the high-skill technology fields, but also industries
like restaurants and landscaping ― where there aren’t enough visas to support
sizeable undocumented immigrant workforces.
LGBT
immigrants, say advocates, are another immigrant group facing a unique
challenge: Unlike heterosexual couples, same-sex, bi-national couples are
currently unable to apply for a green card through marriage. Even if they were
married in a state where same-sex marriage is legal, the federal Defense of
Marriage Act (DOMA) prevents them from receiving certain benefits that other
couples are entitled to, including applying for a green card through a spouse.
The Supreme Court announced in January that it will review the
constitutionality of DOMA this year; if the high court upholds the federal law,
some advocates are hoping that this discrepancy will be addressed through a
comprehensive immigration reform bill.
Finally,
advocates are paying attention to another landmark piece of legislation that
leaves out undocumented immigrants: the Affordable Care Act. Obama’s
health-care reform bill, signed into law in 2010, makes health care more
accessible and affordable for most Americans ― but the plan excludes
undocumented immigrants. The White House has said undocumented immigrants would
not be eligible for health insurance under its immigration reform plan. The
Senate’s Gang of 8 has not specified whether the immigration reform plan they
are working on would include them.
“As
we know,” Kelley said, “undocumented people get sick like everyone else.”
The
question, she said, will come down to how much it costs to include them in the
act. But, she adds, while it will cost more to include them, that amount must
be compared to how much is currently being spent on emergency room visits and
other costly forms of health care for uninsured people who do not access
preventive care and often wait until they have an emergency to seek treatment.
Meanwhile,
Obama met Wednesday with four Democrats in the Senate’s “Gang of 8.”
“We
have an engaged White House,” noted Kelley, “and honestly a president that’s
looking at his legacy and is very much carrying the reality of the record
number of deportations that will be his legacy” if he doesn’t deliver on
immigration reform, she said.