The USA Act, or the Uniting and Securing America Act, is a piece of bi-partisan (though barely…) legislation for dealing with the DACA issue. However, it is hardly an ideal solution and contains numerous legal loopholes that will frustrate both parties (and many Americans!) when they are abused. For instance:
1) This legislation gives immense power to the Secretary of Homeland Security (a partisan appointment!) to waive provisions of the act. For instance, the Secretary may waive virtually all of the disqualifying conditions for conditional permanent residency under the act for almost any reason, including :
“…for humanitarian purposes, family unity, or if the waiver is otherwise in the public interest….”
A blanket order by the Secretary could result in criminal aliens with felony convictions being granted continuous conditional permanent residency rather than being deported. This is a provision that I predict will be leveraged by those otherwise eligible for deportation. It will probably also encourage them to have children as soon a possible so as to leverage the “family unity” provision.
2) A conditional permanent resident convicted of domestic violence could fend off removal by claiming:
“…having been a victim herself or himself of domestic violence, sexual assault, stalking, child abuse or neglect, elder abuse or neglect, human trafficking, having been battered or subjected to extreme cruelty…”
Don’t think false claims of abuse will happen? Think again; how many are now claiming asylum after being coached by immigration lawyers at the Mexico – U.S. border? Think they won’t coach their clients on this loophole, too?
3) There are no limits to the number admitted under this act:
“Nothing in this section or in any other law may be construed to apply a numerical limitation on the number of aliens who may be granted permanent resident status, on a conditional basis or otherwise, under this title.
Note the key text here: “…or in any other law…”. Ouch! No limits, ever!
4) A conditional permanent resident status SHALL be made permanent if:
“…the removal of the alien from the United States would result in extreme hardship to the alien or the alien’s spouse, parent, or child who is a national of the United States or is lawfully admitted for permanent residence.”
This is another section likely to be abused by those otherwise eligible for removal, such as convicted felons. Note that removal is stopped if it creates a hardship for the alien subject to deportation! Also note that the relief is mandatory; “shall” removes any question as to this being optional. The Secretary or the Attorney General will have no option but to grant permanent, unconditional residency status under this section.
There are other substantial issues with this legislation. I urge you to contact your congressman and let them know that you want them to oppose the USA Act.
You can read about it here for yourself.