Backlogs and gridlock in immigration

Many people would agree that right now the U.S. immigration system is broken. Why is it broken? And why is it so hard to fix? 

Green card backlogs and political gridlock are largely to blame. Both are currently at the worst they’ve ever been. This article explains more why the U.S. immigration system is such a mess and whether there is a way to fix it. 

Green card backlogs

To obtain permanent legal residency in the USA, immigrants must apply for a ‘green card’.  Applying for a green card can be straightforward for some people, but challenging for others. In fact, for some people, it can take years for approval.

Waiting times for green cards are increasing over the last few decades as a result of a higher number of applicants and a slow processing system. Now there are more people than ever waiting for the processing of their applications. Making up these applicants are many people seeking to reunite with family members – some of whom have already been waiting for years. 

This backlog is getting worse and unless there is serious reform it is unlikely that things will get better. One solution proposal is in President Biden’s Build Back Better plan – but there’s a snag…

Biden’s Build Back Better plan 

Build Back Better (BBB) is a reform proposal by Biden that aims to tackle all kinds of problems in America from unemployment to general infrastructure. A major element of the bill is a reform of the U.S. immigration system. 

The bill proposes to recover more than 400,000 green cards to redistribute them to migrants currently queuing to reunite with families. BBB would also provide protection to nearly 7 million undocumented migrants who are already living in the U.S. for 20 years.

Biden’s bill is certainly ambitious (and expensive). Unfortunately, it is facing a lot of opposition from both Republicans and fellow Democrats. In an attempt to pass the bill, the crucial vote came down to Senator Joe Manchin, who would reject the bill. Consequently, it is unlikely the bill will pass again unless a new version of it is decided upon.

This means that there is still a green card backlog. The future for many undocumented immigrants meanwhile remains unsolved. And to add to all of this, Title 42 seems to be throwing a spanner in the works…

Trump’s Title 42 policy 

Title 42 is a controversial policy from during Donald Trump’s presidency. The policy allows for the expulsion of persons who have recently been in a country where a communicable disease (i.e. COVID-19) was present. This, of course, conveniently applies to countries like Mexico. Already, the policy did result in over 2 million migrant expulsions.

While Biden would make a vow to lift Title 42, his efforts have been blocked by Judge Robert R Summerhays. This means that Title 42 will likely remain in place unless Biden is able to win a long legal battle to reverse it.

Many health experts argue that immigration is not a major source of disease spread. Additionally, banning migrants on Title 42 grounds has no justification. Republicans argue that Title 42 is necessary to free up huge amounts of public funds. It is definitely standing in the way of any immigration system reform by only serving to worsen immigration queues.

The future of U.S. immigration

Right now, any attempts to reform the U.S. immigration system seem to be at a standstill. Without new legislation, the immigration backlog will only get worse.

So what is the solution? How can undocumented immigrants become legal? And are there ways to fast-track green card approval? By hiring immigration lawyers, many migrants may be able to help their cause.

Things like simple mistakes on a green card can slow down the process, while incorrectly pursuing legal citizenship as a migrant could result in deportation. With legal support, many migrants and undocumented immigrants can increase their chances of a swift and easy approval.

Those stuck in the green card queue should meanwhile continue to raise awareness. There have been cases of people waiting years to reunite with family. It is often the result of the media picking up their story, encouraging the expedition of their green card. 

Of course, protests and petitions can help too. With increasing pressure to reform the US immigration system, the senate may eventually have no choice but to pass a bill.