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Could the US Immigration System Soon Be Reformed?

Transcript of the above video:

As the title of this video suggests, we are discussing the possibility of American Immigration reform. We have certainly seen a changing of the guard in the United States with respect to the Biden Administration coming into office. They also have at least presently a razor thin, well I would say they have a majority in both houses technically in so far as it is 50/50 in the Senate with the Vice President being the tie breaking vote. 

The reason for this video is there has been a lot of talk and I think probably for the first time since really the first two years of the Trump Administration, for good or ill, that we have seen the possibility of Immigration reform. It is my opinion that the only time you are really ever going to see this being a possibility, although bipartisan it could happen, I think when one party has run the bases, I think that is really the only time it is even possible to see real reform at least Legislatively with respect to US Immigration Law. Trump had that opportunity. For whatever reason nothing really came to pass, notwithstanding the fact that there was ample opportunity to make legislative changes. The Administration, I don't know if they intended to do this, but they ended up opting to make a lot of changes through the rule making process and through Executive Order which I would argue is, I hesitate to say totally illegitimate but it is not really the way we make law in America; we don't make law through Executive Order we make law through the Legislative Process of the House of Representatives and the US Senate. 

That being said not to give a civics lesson here, a recent article from the Nation, that is nationthailand.com, the article is titled: Biden Immigration Agenda Takes Shape as Lawmakers Unveil Bill. Quoting directly: "The legislation known as the US Citizenship Act of 2021 hews closely to the outline that Biden sent to Congress on his first day in Office The proposal includes an 8-year path to citizenship for most of the roughly 11 million Immigrants living illegally in the US bolsters the nation's refugee and asylum systems and calls for additional technology to be used to help secure the southern border."  So the reason I bring this up is, since I have been doing Immigration Law, since I have been practicing in this area, we really haven't seen any major Legislative changes. I have been doing this for going on 15 years now and the fact is that you know the last major thing I think is the Child Citizenship Act back in 2001 and prior to that you had what was called IIRAIRA and basically we haven't seen a lot of changes legislatively. Now again especially in the Trump era we saw a lot of changes with respect to how they were adjudicating things, the rules associated with adjudication or presumptive evidentiary thresholds and things but again that wasn't done through lawmaking that was done through changes to certain rules, Executive Orders, changing how laws are being interpreted or enforced. It really has been a long time since we have seen major reform and I think it is possible, I hesitate to say likely as I have been burned a lot on speculating as what will actually happen, but it is definitely more possible than I think it has been in some years that we could actually see a reform of the US Immigration system.