Musings on last night's Republican Primary debate

Watching the Republican Presidential Primary debate last night, I found myself feeling sorry for Governor Perry of Texas.  One by one the candidates pronounced how they would be "tough" on illegal immigration.  The audience cheered lustily when an increasingly cranky Ron Paul said he would deny them benefits (the audience apparently oblivious to the fact that illegal immigrants are not eligible now for benefits).  Had Congresswoman Bachman been asked, no doubt she would wax wistfully about the successes of the Chinese Exclusion Act.  The heretofore irrelevant former Pennsylvania Senator, Rick Santorum, with a cheesy grin reminiscent of a sarcastic Jerry Seinfield, attacked Perry for his support of the Texas DREAM Act, which allows residents of Texas regardless of their immigration status to attend college in Texas and pay resident tuition.  While no fan of Governor Perry, and indeed , all recent governors of Texas (except Ann Richards), I have to congratulate Perry for his Lone Star State size cajones:  it takes guts to pronounce as "heartless" those who would deny a college education to an innocent young person.  (as if "heartless" in this group would be seen as anything other than a positive attribute)  This flash of thoughtfulness amidst a cavalcade of "hooray for me and to hell with you" (which should be the new slogan of the Tea/Republican party) was noteworthy and deserves acknowledgment.  The fact that he was booed really doesn't mean as much when you consider this was the same audience that booed an active volunteer member of our fighting armed forces who disclosed that he was gay. 

So good for you Governor Perry, you moved the needle for me, albeit a fraction of a millimeter, and for only a brief moment.  But I'm gratified that you understand that it is unjust to punish a young person, brought into this country by parents seeking a better life.  I would be a lot more gratified if you and the other Republicans could tell the truth about the record number of deportations, the net decline of illegal immigrants in America, the urgent need to deal with the humanitarian needs of millions of mixed status families in this country, and particularly the plight of the DREAMers. 

B-4 Retirement Visa--an idea whose time has come?

Back in the 1990's, every session of Congress would find a certain Florida Representative, Bill McCollum, pushing for a retirement visa.  To receive this renewable visa the applicant would have to be from an approved list of countries, show that they had passive income sufficient to meet their financial needs, show proof of health insurance, and own a residence in the United States.  For a variety of reasons, this effort was never fully adopted by the mainstream immigration advocate community and never really got off the ground.  Recently, the issue resurfaced in the Huffington Post.  With the current economic situation and particularly the severely depressed real estate market in the once thriving sun belt it may be time to dust off this proposal and give it the consideration it deserves.

I would propose a non-immigrant visa that would be good for three years.  It could be renewed indefinitely in the same way an E non-immigrant visa is renewable.  The applicant or their spouse must be at least 50 years old, and clear the same background checks that someone would need when they are applying for permanent residence.  The applicant or their dependents would not be able to be employed, but could legally go to school (paying non-resident tuition).  They would not be eligible for any public benefits (social security, welfare, food stamps, etc.).  They would have to demonstrate proof that they have medical insurance, passive income in an amount at least 300% of the poverty level (approximately $45,000 annually for a married couple).  The applicant would have to demonstrate that they have at least $250,000 in equity in a residence located in the United States that they intend to occupy.  Of course, aliens with criminal records or other legally undesirable characteristics would not be approved.

It is not difficult to imagine what such a visa would do to the devastated housing market in such hard hit places as Las Vegas or Miami.  New home buyers would also need to purchase furniture and fixtures, hire maintenance workers, purchase an insured automobile, and so forth.  We can immediately create more good jobs, rescue the housing markets and turn around the economies of some of the areas hardest hit by the current recession, and in doing so demonstrate the benefits of a thoughtful immigration policy--something that has been sadly lacking in this country for many years. 

Law Offices of Peter L. Ashman is pleased to announce the opening of Utah Legal Immigration

The Law Offices of Peter L. Ashman, providing innovative and high-profile solutions to complex immigration problems for over 20 years is pleased to expand its services to the Salt Lake City/Provo area.  We provide the highest quality of legal services to businesses, families and individuals seeking to navigate our nation's complex system of immigration laws.

Peter Ashman is a graduate of Brigham Young University and Southwestern University School of Law.  He is active in immigration advocacy on a national level and is frequently featured in the print and electronic media.  He lectures at national conferences of the American Immigration Lawyers Association and the American Bar Association, as well as numerous state and regional conferences.  He was recently named to Who's Who in International Business Immigration Lawyers, and is the only attorney in Utah to receive that honor.