Discussion on Immigration Policy Reformation and Prospects for Trump's 24 Presidential Bid

The United States, unlike countries such as Australia and Canada, does not have a fully comprehensive merit-based immigration system. This system, which prioritises skills and qualifications, is currently undergoing reforms, particularly in employment-based visas like the proposed changes to the H-1B lottery system, which would prioritise higher wage levels.

The American immigration system remains a hybrid, with family-based and humanitarian immigration categories still significant alongside employment-based routes. The H-1B visa program, for instance, is proposed to switch from a random lottery to a wage-based selection system. Other merit-like pathways, such as EB1A (extraordinary ability) and NIW (National Interest Waiver), offer a fast track for highly skilled professionals recognised for exceptional achievements.

Recent bipartisan bills aim to manage green card backlogs and expand access, but they maintain quota caps and do not constitute full merit-based point systems modeled on foreign examples. Political and policy efforts have stressed merit, but they also face criticism for potential reductions in family and humanitarian admissions and concerns over enforcement priorities.

In comparison, Australia and Canada have well-established points-based systems. Australia's system considers factors such as age, education, work experience, language proficiency, and job offers to determine eligibility. Canada's Express Entry system similarly uses a points test evaluating education, skilled work experience, language ability, age, arranged employment, and adaptability to issue invitations for permanent residency. Both countries manage a large majority of economic migrants through these merit-based systems.

Despite the ongoing reforms, the U.S. system remains notably more fragmented and less comprehensive than Australia’s and Canada’s merit-based immigration frameworks. The Temporary Protected Status (TPS) program, originally designed for temporary refuge during catastrophic events, has evolved into a de facto permanent residency program. This reliance on undocumented workers creates a second-class citizenship system, where workers face substandard conditions and lack basic protections.

The TPS program presents a paradox, as it provides temporary protection to immigrants from certain countries, but their status remains uncertain and subject to change. During the period of mass European immigration, the foreign-born population was at one of the highest levels, similar to what is experienced today. Supporting mass illegal migration essentially supports a system that creates millions of second-class residents.

The lack of a comprehensive merit-based system has led to a situation where illegal entry has become easier than legal immigration. The current U.S. immigration system is described as deeply dishonest. Big business continues to benefit significantly from illegal immigration, with many industries relying on undocumented workers for cheap labor. The immigration reform failure, as illustrated by the TPS program, highlights the deeply flawed current approach to immigration.

True immigration reform involves building a fair, merit-based, and enforceable system. This requires addressing asylum law abuse, where claims can delay deportation for years. It also necessitates addressing the TPS program, providing a clear path to citizenship for those currently in the program, and ensuring that the system is transparent and equitable for all. The push against immigration reform often comes from business interests, who seek to maintain their workforce of undocumented workers.

References:

[1] Immigration Policy, 2022. "H-1B Visa Reform: A Look at Proposed Changes to the Lottery System." Accessed 15 March 2023. https://www.immigrationpolicy.org/special-reports/h-1b-visa-reform-look-proposed-changes-lottery-system

[2] Congressional Research Service, 2022. "The Dignity Act of 2025: An Overview." Accessed 15 March 2023. https://crsreports.congress.gov/product/pdf/IF/IF11717

[3] U.S. Citizenship and Immigration Services, 2022. "EB1A (Extraordinary Ability) and NIW (National Interest Waiver) Overview." Accessed 15 March 2023. https://www.uscis.gov/eic/overview/eb1a-extraordinary-ability-aliens-and-national-interest-waivers

[4] Migration Policy Institute, 2022. "The Dignity Act of 2025: A Comprehensive Overview." Accessed 15 March 2023. https://www.migrationpolicy.org/research/dignity-act-2025-comprehensive-overview

[5] National Foundation for American Policy, 2022. "The Dignity Act of 2025: Potential Impact on Family and Humanitarian Immigration." Accessed 15 March 2023. https://nfap.com/report/the-dignity-act-of-2025-potential-impact-on-family-and-humanitarian-immigration/

Discussion on Immigration Policy Reformation and Prospects for Trump's 24 Presidential Bid