What if CIR Passes? Can USCIS Handle the Increased Workload?
Posted Oct 30, 2009
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The U.S. Citizenship and Immigration Services (USCIS) is gearing up for a surge in workload, in anticipation of comprehensive immigration reform (CIR) legislation. The Obama Administration has made immigration reform an important legislative goal, although this has been delayed by the pressing priorities of the economic crisis and health care reform. The USCIS wants to be ready for the anticipated increase in their workload.
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Immigration Reform is Controversial and Difficult
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Even though President Obama and the Republican presidential nominee, John McCain, were rivals for the U.S. presidency, they were in agreement that CIR is required to deal with the many problems currently prevalent in U.S. immigration law and policy. Despite this agreement between then Senators McCain and Obama, before the election, immigration reform is a difficult and controversial issue.
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As mentioned, movement on a CIR bill has been stalled, awaiting resolution of another complex matter, health care reform. While it is unclear precisely what shape the final immigration reform legislation might take, it is widely expected to carry at least some provisions to regularize the status of the estimated 12 to 15 million people who currently reside in the United States without proper legal status or valid legal documents. The Obama Administration has announced its intention to include a legalization program when its legislative proposal is submitted to Congress.
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Possible Flood of Applications if CIR Passes
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Any type of legalization program will face significant opposition, particularly during an economic downturn. However, given the numbers of individuals possibly eligible, even under a less expansive program, the USCIS must prepare for a potential onslaught of applications if any type of CIR passes and becomes the law. As many MurthyDotCom and MurthyBulletin readers know from personal experience, the USCIS has historically suffered from backlogs and capacity issues. Were such a measure to pass, absent substantial changes, a flood of new applications could pose a significant challenge to the processing capacity of the USCIS.
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USCIS Preparing to Expand Rapidly, Should Need Arise
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A Reuters blog quoted USCIS spokesman, Bill Wright, as saying, “The agency has been preparing for the advent of any kind of a comprehensive immigration reform, and if that means a surge of applications and operations, we have been working toward that.” USCIS Director, Alejandro Mayorkas, has stated that the goal of the USCIS is to be ready to expand rapidly to handle the increase in applications that would result from CIR. In the past, opponents have used lack of capacity and preparation as an argument against CIR and expansion of eligibility for immigration benefits.
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Will CIR Result in Increased or Reduced Backlogs for Others?
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Legal immigrants and their employers have concerns about being disadvantaged by any CIR legislation that would provide benefits to undocumented workers. However, true CIR is not limited to these provisions, and would be expected to contain provisions regarding various aspects of legal immigration. CIR certainly will be hotly debated and any proposed legislation will be modified throughout the debate process.
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As part of the preparations of the USCIS, and in order not to harm those who have already initiated cases under existing law, the USCIS needs to continue to work on backlogs. While significant progress has been made in many areas, and case processing times have been improved greatly, there are still case backlogs that need to be addressed.
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Conclusion
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We know that MurthyDotCom and MurthyBulletin readers are concerned about possible significant changes to immigration law. We will continue to follow these matters and advise our readers regarding these changes. As the legislative debate continues to unfold, check MurthyDotCom for updates and analysis on immigration reform proposals.