Border Security, Economic Opportunity, and Immigration Modernization Act (2013)

So over the course of the last weekend I've been getting bombarded by a lot of questions in relation to immigration bill that passed through the United States Senate yesterday. The notable portion of the bill that got a lot of people pinging me for responses was the fact that while the bill had been passed, the clause allowing for foreign-born LGBT spouses of Americans could be sponsored for green cards.

As has been headlines or at least worthy of a paragraph or two, was the dropping of said clause from the bill in the name of getting it passed the conservative members of the Senate... namely the Republican members of the Senate.

Here's some questions I've gotten and answers I've given. If any details are misquoted or misinterpreted them, please correct me... my co-author, proof reader and fact checker seems to have wandered off as of late.

1. Can't you can still marry in any one of the states same-sex marriage is legal in and then sponsor for a green card through them?
• Nope! See my previous post to hear me complain about that one but under the Defense of Marriage Act or DOMA, the federal government is not required to recognize same sex marriages performed in any states, territory or protectorate. As such, even if same sex marriage is legal in 12 states, Massachusetts, Connecticut, Iowa, Vermont, New Hampshire, New York, Maine, Maryland, Washington, Rhode Island, Delaware, Minnesota and DC, along with civil unions in 8 states, California, Colorado, Hawaii, Illinois, New Jersey, Nevada, Oregon, and Wisconsin, the federal government determines visas, green cards and immigration law, meaning if passes a law, like DOMA, banning federal recognization of same sex marriages or unions as legal marriages, then its banned for everyone. If DOMA is repealed, then those rights could be extended to bi-national same sex couples.
2. Doesn't this law just protect illegal immigrants from Mexico?
• No per say, it actually has specific clauses to lift restrictions on immigrants seeking to enter the high-tech markets of the United States. Right now the current law, the H1-B, only allows a skilled foreign immigrant to enter the country on a 2-year visa for a total cap of 6-years. At the end they either can have a company sponsor them for a green card or return home. This bill will increase the number of qualified workers that can enter the country.
3. The bill only got through because they were going to require all the illegal immigrants to be finger printed.
• Not entirely, never lovable and always conservative Republican Alabama Senator Jeff Sessions tried to rail road that through but instead it was reduced to foreigners leaving through the 30 busiest international airports, in order to track those that leave or have over-stayed their visas.  
4. Won't this make it easier for your foreign boyfriend to find an American job?
• Yes and no. It does lessen the restriction by which companies can hire foreign skilled workers, it however does not release the limitation on the length of the resulting work visa. It also doesn't address the prevalent problem of companies actively avoiding the act of transitioning a work visa to a green card when the visa limit is reached.
5. Under the bill can't he seek American citizenship? Wouldn't that be better?
• This one is tricky but I guess the answer would be, would you be able to give up your citizenship that quickly? As Americans, we assume all foreigners entering the country also want to be American. It's natural given the whole 'melting pot' idea we learn about as kids. Is it really that easy to give up your home and nationality.

First things first, while I am very bitter the LGBT-clause was dropped and a sour taste is left in my mouth when I see pictures of the bipartisan Senators congratulating themselves on a job well done, the tiny voice of reason that is my conscience has pointed out that the bill could have helped some or none at all.

Republic lawmakers on the committee openly declared that any LGBT immigration protections would mean they'd kill the bill in committee and vowed if it passed, it surely would die on the Senate floor when time came to vote. This was the line drawn in the sand and the Democrats either had to accept it and move forward, or just give up everything and literally have months of legal research, networking, compromises and talks fall through in a matter of one week. Anyone who has tried to work their way through American immigration law will know, it is the most complex and insular system anyone will ever invent, next to the hellish monstrosity that is the American tax law. Few will have to wonder why many skilled and educated workers have no problem just staying to get an education or a nice job, but always end up retiring back to their home countries... its just too much trouble to deal with.

Notwithstanding this, while the number of bi-national same-sex couples in the United States number into the tens of thousands, the number of illegal immigrants in the country ranges into the millions.

As angry as it makes me feel, that logical conscience of mine whispers into my ear that it was the needs of the many that outweighed the needs of the few. Honestly, you have to admit that most gay couples in the United States tend to be more financially stable, more likely to be educated and most entered this country under legal visas that have just expired. Now I am not saying their are illegal alien LGBT people, I guarantee there are, but in general I would have to say that the majority of those being protected under this bill were those that were going to be the victims a kind of discrimination without any form of protection, a term that technically could be called legal slavery or economic slavery.

No its not some fancy word play, its a situation where an individually is barely paid enough to survive economically while being prevented from ever advancing under threat of persecution, legal reprisal or even punishment. Illegal aliens enter the country, yes illegally, but the vast majority usually are coming to the United States for a better life, then promptly find they can make barely enough to survive, with the constant threat if they try to fight for a better life and pay they will be arrest and deported, a threat usually thrown out by their criminally cheap employers in the face of a defiant immigrant.

Its an act of discrimination that was made illegal in America when slavery was declared illegal. Situations like this tend to however punish the victim and not the victimizer. Yes, those employers could be in a lot of trouble and certainly could face jail time, but many of those illegal aliens will face deportation, a fate that some consider worse than jail time.

The bill will help any illegal immigrants to apply for temporary legal status that allows them to live and work in the country within six months, then apply to get their green card in 10 years and American citizenship three years later.

This bill will also work to strength borders along Mexico, increase the number of H1-B visas and make it easier for individuals to attain citizenship.