AILA Receives Feedback from Presidential Candidates
Posted Feb 06, 2004

Each presidential election year, the American Immigration Lawyers Association (AILA) sends a questionnaire to all presidential candidates regarding their views on immigration. These results are shared with AILA members. To date, three presidential candidates have responded to AILA's questionnaire. Their responses are summarized below. We will update our readers with any additional responses AILA receives.

General Wesley Clark

General Clark recognizes the value of immigrants to the United States, but he has not made a determination as to whether immigration levels, including refugee immigration levels, should be adjusted. He does support a guest worker program. He supports the DREAM / Student Adjustment Act and a plan to permit lawful permanent residents who have committed minor crimes to go to court to determine whether they should be deported rather than face automatic deportation.

His position on L-1 visas is that they should be used as a last resort, though it is not exactly clear what he means by that statement. He does feel that L-1s need limitations to preserve high-tech jobs for U.S. workers, which is a strong indication that he may not fully understand the L-1 program. He would review the current immigration court system if elected, but did not promise reform of the courts. The General does not support legislation that ties an immigrant's ability to obtain a driver's license to his/her immigration status, the CLEAR Act, mandatory detention of asylum seekers, and the detention without charge regulation. He does support the end of the Special Call-In Registration Program and the categorical closed removal hearings and proceedings. He did not take a definitive position on the elimination of the 3- and 10-year inadmissibility bars for persons who have been unlawfully present.

General Clark supports the right of foreign nationals to have legal representation in any situation where they may be denied admission to or be subject to removal from the U.S. He is also supportive of a single person in charge of immigration who would coordinate immigration functions, and eliminating the "culture of no" in the Department of Homeland Security (DHS) that eliminates too many persons from receiving immigration benefits. He supports providing appropriations needed to reduce the application and petition processing backlogs. While he supports the H1B program, he did not commit to raising the H1B cap.

Representative Dennis Kucinich

Representative Kucinich believes that legal immigration levels to the U.S. are too low. He supports legalization of working, taxpaying illegal foreign nationals, a new temporary worker program, an immigration system that includes the reduction of petition and application backlogs, and the elimination of the asylee adjustment cap. He would increase the refugee caps and commit to ensuring admission of the full number of refugees allotted in each fiscal year. The representative supports the DREAM / Student Adjustment Act, and a plan to permit lawful permanent residents who have committed minor crimes to go to court to determine whether they should be deported rather than face automatic deportation.

He opposes the L-1 visa and would support legislation limiting its use. He does not agree with AILA that the Attorney General's immigration court authority creates a conflict and undermines judicial independence, but he does support the creation of an independent immigration court. He opposes legislation that will tie foreign nationals' access to driver's licenses to their immigration status, the CLEAR Act, the mandatory detention of asylum seekers, the detention without charge regulation, the Special Call-In Registration Program, and the categorical closure of removal hearings and procedures. Representative Kucinich supports the elimination of the 3- and 10-year bars and believes that foreign nationals should be entitled to legal representation in any situation where they may be denied admission to or become subject to removal from the U.S. He supports putting one person in charge of immigration and coordinating immigration functions, measures eliminating the "culture of no" that pervades the DHS, direct congressional appropriations to supplement user fees, and an increase of the H1B cap.

Governor Howard Dean

While Governor Dean did not answer the AILA questionnaire, he did submit a statement to AILA on his immigration policy. The statement reflects that he supports legalization, a plan that permits others to enter the country later but protects the interests of U.S. workers, strong relationships with high immigration countries, the reduction of petition and application processing backlogs, and civil rights for detainees.

Immigration policy, while always controversial, has become a key political issue. We are pleased that the candidates who responded at least appear to be relatively open minded and generally supportive of positive changes in immigration policy.