Policy Proposals

Current unlawful presence bars create a structural paradox: individuals eligible for lawful pathways often cannot use them because leaving the United States triggers multi-year reentry penalties.

• Many remain in temporary or humanitarian processes simply to avoid triggering the bar
• This inflates asylum filings and prolongs administrative backlog unrelated to protection claims
• The bar does not always deter presence — it deters departure

Create a voluntary compliance track allowing eligible non-criminal individuals to enter an Employment Compliance Identifier (ECI) status instead of triggering the reentry bar. Participants would:

• Register identity and background
• Withdraw pending humanitarian filings if applicable
• Work legally and pay taxes
• Maintain compliance

The bar would be conditionally waived upon enrollment.

This changes the incentive structure from avoidance behavior to cooperative compliance.

• Reduces non-protection asylum filings
• Improves identity visibility
• Encourages voluntary participation in lawful systems
• Preserves removal authority for non-compliance

The long-term childhood arrival population presents a persistent administrative challenge: individuals raised in the United States remain indefinitely in temporary enforcement discretion categories. This produces:

• Recurring renewals
• Litigation cycles
• Unstable workforce participation
• Ongoing uncertainty

Create a regulatory category under DHS supervised compliance authority. Eligibility factors:

• Arrival as a minor
• Continuous residence
• Education or employment history
• No criminal disqualifiers

Participants transition from periodic deferred action to a renewable monitored employment authorization category similar to long-term parole-based presence structures already used in other contexts.

• Eliminates recurring adjudication cycles
• Stabilizes workforce participation
• Preserves congressional authority over permanent residence
• Provides administrative consistency without statutory expansion

Immigration adjudication systems depend on predictable intake volume. Sharp increases in encounters produce cascading administrative consequences:

• Asylum queue expansion
• Court scheduling delays
• Work authorization delays
• Enforcement resource diversion

Periods of lower encounter volume correlate with faster adjudication, fewer emergency policy measures, and improved officer allocation. Periods of surge intake produce backlog expansion regardless of rule changes.

Border predictability is not an enforcement goal alone; it is a processing capacity requirement.

Adopt intake-management mechanisms aligned with adjudicative capacity so regulatory changes affect behavior rather than react to volume.

Agricultural labor demand is seasonal, location-specific, and difficult to meet through traditional visa caps. Congress has already authorized agricultural visa frameworks, but administrative complexity limits effectiveness.

Within existing statutory frameworks, DHS and the Department of Agriculture coordinate a sector-specific compliance registry:

This is not a new visa classification but an operational adaptation using existing delegated authorities and employment verification structures.

• Stabilizes seasonal labor supply
• Reduces unauthorized hiring incentives
• Improves rural economic predictability
• Reduces enforcement conflict between labor demand and immigration rules

Millions of individuals reside and work informally without contributing consistently to Social Security systems despite participating in the labor market. Simultaneously, long-term demographic trends increase financial pressure on retirement systems.

Create a voluntary compliance adjustment track. Eligible individuals must pass a clean background check, register for taxes, and maintain ongoing lawful employment.

Participants contribute a fixed monthly payment (example: $200 per adult) directly designated toward Social Security funding in addition to payroll taxes. In return:

• Renewable 5-year work authorization
• Travel authorization eligibility
• Continued compliance monitoring

This program links lawful participation with measurable fiscal contribution rather than temporary tolerance.

• Expands contribution base to support retirement systems
• Encourages transition from informal to formal economy
• Improves identity accountability
• Maintains enforcement authority for violations