Pre-Registration: A Proposal To Kick-Start CIR
At a hearing on February 14, 2007, before the House Immigration Subcommittee, Emilio T.
Gonzalez, the Director of the U.S. Citizenship and Immigration Services (USCIS), testified that
USCIS needs to increase the fees for immigration benefit applications by an average of
approximately 86 percent. Director Gonzalez explained that USCIS needs these additional funds
to meet its current mission requirements. According to Dr. Gonzalez, "The alternative – asking
USCIS to continue to charge fees that do not cover operational costs – would have disastrous
consequences resulting in a less secure and more inefficient immigration system. In addition, it
would seriously degrade service delivery and cause applicants to wait longer for benefits that are
crucial to their lives and livelihood."
Unfortunately, this financial difficulty goes beyond USCIS’ resources to process its current
caseload of benefit applications. The November 2006 elections seem to have brightened the
prospects for passage of a major immigration reform bill that will likely include a legalization
program of unprecedented size. While estimates vary, most experts anticipate that this program
would provide access to lawful status for at least 12 million immigrants who are presently living in
the United States without legal status. This figure does not include the anticipated guest worker
program or the anticipated increases the bill would make in both family-based and employmentbased
The immigration benefits application processing system presently is almost entirely funded by the
fees charged by USCIS. This is why Dr. Gonzalez is proposing a fee increase to meet USCIS’
operational expenses rather than asking for an appropriation of the addition funds that USCIS
While the drafters of the various legalization proposals anticipate that the legalization applicants
would pay application fees that would be more than enough to provide the funds needed to
process their applications, (for more on approaches to funding a new spending
initiative, see here) the fact remains that USCIS is going to need funds for start-up costs
before it can begin to process the millions of applications that will no doubt be filed once the
application process opens. USCIS will have to hire and train a large number of additional
personnel, purchase or lease additional office equipment, design software systems, lease
additional office space, and so on. The funds for these start up-costs could be appropriated, but
this would be a departure from the fee-base funding presently used to cover the cost of
processing the benefit applications.
Even if the funds were appropriated, the mammoth task of rolling out a legalization program along
the lines being discussed would take time. In fact, it could take USCIS years to fully process the
applications for the millions of individuals expected to apply. The proposals call for extensive
background checks, English examinations, medical examinations, payment of back taxes,
verification of residency in the US, etc. There are strong policy arguments in favor of these
requirements, but the goal of beginning to integrate these people into American society would be
delayed an intolerably long period.
We propose supplementing the legalization program with a pre-registration program that would
provide modest interim benefits and also raise funds for the start-up costs of the larger
legalization program without requiring an appropriation. The system would be offered online in
order to quickly register the expected mass number of applicants. Under this system, the
legalization applicants would be encouraged to pre-register on the internet for the legalization
program. The pre-registration fee would be a partial prepayment of the anticipated fee for the
later legalization application. For instance, if the registration fee is 40 percent of the fee for the
legalization application, the person registering for the program would receive a 40 percent credit
towards payment of the fee for the legalization application.
Applicants who register for the legalization program would obtain a temporary, very restricted new
form of lawful status. A status document with a short expiration date (perhaps thirty or sixty days)
would be downloaded and printed, and then later a more secure card that could be renewed
periodically would be mailed to the registrant. This would provide a temporary lawful status and
work authorization to encourage people to "come out of the shadows." Immigration restrictionists
may object to even this limited benefit, but the reality is that the undocumented immigrants who
would benefit from this program already are living and working in the United States. They would
not be provided with the other benefits of a legalization program, such as being able to travel in
and out of the United States or being able to bring their families here to live with them. Also, the
limited lawful status would be temporary. It would terminate after a specified period of time if the
alien does not apply for legalization or when the registrant completes the legalization application
process and his or her application is either granted or denied.
The program would be coupled with severe penalties for fraud and willful misrepresentation to
ensure that individuals who know they are ineligible do not attempt to pre-register. Moreover, the
pre-registration documents themselves would not be permitted to be used for identification
purposes. For example, employers would still need to see a photo identification (like a passport)
to comply with employment verification rules during the pre-registration phase. All of the grounds
of inadmissibility that would apply in the legalization context – criminal activity, security risks, etc.
– would apply to this program as well.
The status we are proposing is similar to Temporary Protected Status (TPS), which is a
temporary remedy that provides a safe haven for aliens who fleeing, or are reluctant to return to,
potentially dangerous situations. TPS is blanket relief that may be granted under the following
conditions: there is ongoing armed conflict posing serious threat to personal safety; a foreign
state requests TPS because it temporarily cannot handle the return of nationals due to
environmental disaster; or there are extraordinary and temporary conditions in a foreign state that
prevent aliens from returning, provided that granting TPS is consistent with U.S. national
To obtain TPS, eligible aliens mail in an application with a processing fee and then receive
registration documents and work authorization. The TPS regulations specify grounds of
inadmissibility that cannot be waived, including those relating to criminal convictions and the
persecution of others. TPS is different than the status we are proposing in that the aliens who
obtain TPS are not on an immigration track that leads to permanent residence or citizenship. In
fact, the TPS provision in the INA states that a bill or amendment that would provide for the
adjustment to lawful temporary or legal permanent resident (LPR) status for any alien receiving
TPS requires a supermajority vote in the Senate (i.e., three-fifths of all Senators) voting
Pre-registration would solve the "chicken and egg" problem of how to start a massive legalization
program quickly without having to burden taxpayers and without making applicants and
employers wait years to begin participating. The program could handle millions of applications
and also ensure that the enforcement efforts contemplated under the CIR proposals do not
ensnare precisely the people a legalization program is intended to cover while those individuals
are waiting on the program’s implementation.
1 The hearing was held at 2141 Rayburn House Office Building, Washington, D.C. 20515.
2 The full name of this subcommittee is, "the Subcommittee on Immigration, Citizenship, Refugees, Border
Securities, and International Law."
3 Statement at p. 3.
4 §244 of INA (8 U.S.C. §1254a).
5 8 U.S.C. §240.
6 §244(h) of INA (8 U.S.C. §1254a).
About The Author
Nolan Rappaport was the immigration counsel for the Democrats when they were in the minority.
He has more than 30 years of experience as an immigration lawyer, including 7 on the House
Judiciary Committee. He has written numerous immigration bills, including the Rapid Response
Border Protection Act, H.R. 4044; the Foreign Anti-Sex Offender Protection Act, H.R. 5610; the
Save America Comprehensive Immigration Act, H.R. 2092; the Commercial Alien Smuggling
Elimination Act, H.R. 2630; the Comprehensive Immigration Fairness Reform Act, H.R. 3918; and
the Tsunamis Temporary Protected Status Act, H.R. 60.
Greg Siskind is a partner with Siskind Susser Bland and has been practicing immigration law
since 1990. Greg is the author of several books including LexisNexis’ annually published J-1 Visa
Guidebook and the soon to be released third edition of the American Bar Association’s Lawyers
Guide to Marketing on the Internet. In 1994, he created www.visalaw.com, the first immigration
law firm web site in the world and is the editor of Siskind’s Immigration Bulletin, a newsletter that
is distributed to more than 40,000 subscribers each week. Greg was the first immigration lawyer
ever photographed for the cover of the American Bar Association Journal and he was recently
named by Chambers and Partners as one of the top 25 immigration lawyers in the US. He can be
reached at firstname.lastname@example.org.
The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.
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