This week, the president of the United States, Joe Biden, announced two new initiatives that will open the door to thousands of migrants, many of them Colombians, who seek to conquer the famous American dream or regularize their situation in that country.
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Both are part of a macro strategy designed by the Democratic administration to offer legal routes to the United States that help alleviate the crisis on the southern border while attacking the famous root causes in the region that push human trafficking along the south-north route. .
Joe Biden.
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A component, furthermore, of the commitments acquired at the 2022 Los Angeles Summit and that, in the case of Colombia, was perfected during the tripartite meeting with Panama that sought to provide solutions to the humanitarian emergency that is occurring in the Gap. Darien due to the high flow of migration seeking to reach the United States via the dangerous route.
Although the strategy has many aspects and includes several countries, Colombia and the United States have been advancing a series of five agreements in this same direction.
1. Family reunification, possibility of processing a visa and work permits for family members who do not reside in the United States
The first and oldest is that of family reunification, which was approved in July of last year and which gave thousands of Colombians the same right that countries like Cuba and El Salvador already had.
Although both US citizens and residents already have the right to “ask” their family members, the process generally takes years to complete because there are certain annual limits for the granting of this type of visas. In that sense, what the reunification program granted to Colombians does is allow the requested family member to travel immediately to United States territory while the process of their own residence progresses.
In the case of United States citizens, the program benefits their children over 21 years of age, children under 21 years of age who are already married, and siblings. The resident’s children under 21 years of age who are not married, spouses and parents do not have to do this procedure because their visas are granted immediately.
For green card holders, the initiative covers their spouses and children under 21 years of age, who were previously on a waiting list until a spot opened.
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According to the Colombian government, and this was reiterated two weeks ago by Foreign Minister Luis Gilberto Murillo, the process could benefit up to 60,000 people initially. However, since it began to be implemented, the system has progressed slowly.
According to official figures from the United States Department of Homeland Security obtained by EL TIEMPO, since July of last year Washington has called for some 6,400 people to participate in the family reunification program. That is, those people who were identified as meeting the requirements and who were sent a direct invitation.
Of those, 1,144 (less than 20 percent) have responded to the invitation and among them, 688 individuals have already been authorized to travel, of which 510 have already traveled to the United States. Although the number is important, its low execution does draw attention if the potential figure mentioned by the government and the requests already authorized are taken into account.
According to sources consulted, however, the figures are not surprising either if one takes into account that many, despite having the right, are not interested in migrating to the United States given that they have productive lives in Colombia.
In any case, The possibility of family reunification will remain in force unless the United States government decides to cancel it. Something that could happen if Donald Trump wins the presidency in November and decides to tighten the immigration fence, as happened during his years in the White House.
The family reunification program was part of a negotiation between Washington and Bogotá that gave way to the opening of the so-called Mobility Centers in Colombia so that immigrants from other countries can process their applications without having to reach the border through the dangerous passing through the Darién Gap.
2. Labor migration to the United States: three options to work temporarily
The other component of this negotiation, which has been perfected in the last year, is the opening of legal channels for labor migration.
According to what authorized sources told this newspaper, The main reason why Colombians are migrating is the search for economic opportunities. Something that has increased since the economic crisis unleashed by the Covid-19 pandemic and which has caused record numbers of migrants to the United States.
The United States has recorded the arrival of at least 400,000 Colombians to the border since fiscal year 2022 (which starts in October), a comparatively high figure compared to the 10,000 who did so in 2021. And although the majority apply to the asylum mechanism alleging political persecution or war, the underlying motivation is usually economic.
That was why the United States decided to explore circular or temporary work alternatives, such as those currently offered to Mexicans and citizens of the Northern Triangle, and similar to those currently offered by Spain. That is to say, temporarily migrate to the United States for a specific job, but that does not lead to a permanent stay.
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After several profiling studies carried out by both governments, they have identified three categories of visas that could accommodate the needs and characteristics of Colombians seeking to work temporarily in the United States: the H-1 visa, the H-2B visa and the J visa.
The three categories point to different sectors. But, as a whole, there is talk that the United States could approve a quota of about 20,000 annual visas.
The idea, according to consulted sources, is to design a program around these visas similar to the one with El Salvador, whose citizens have direct access to the labor demands of United States companies. In the case of Colombia, the Sena is the entity that would serve as a bridge between the potential worker and the company and is in charge of the enrollment process of qualified people. According to sources, work is already underway with the United States Development Agency (USAID) that would finance the program.
EL TIEMPO learned that, for the moment, Colombia would place more emphasis on the quotas for H-2B and J visas because there is already a lot of competition for H-1 visas and given the comparative advantage in costs that the countries closest to USA.
3. DED, the mechanism to suspend deportation and work in the United States temporarily
This is a decision that depends on the president of the United States and that has already been granted to citizens of other countries. The Colombian government has been insisting that it be granted to compatriots who entered this country before 2016 and who consider themselves victims of the conflict. In principle, the proposal is that it be granted for three years with the idea that these will return once the term expires.
According to the Migration Policy Institute, a measure of this nature could shelter some 500,000 Colombians. However, he considers it unlikely that it will be granted in the current electoral campaign due to how explosive the immigration issue is. The door, however, could open if Joe Biden achieves his re-election in November.
United States and Colombia.
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That, in any case, will be one of the issues that Foreign Minister Murillo will raise this week with the Secretary for Homeland Security of the United States, Alejando Mayorkas, with whom he will meet this Thursday in Washington.
During that meeting, Murillo also plans to investigate the avenues that opened this week after Washington’s announcement to determine how many Colombians could benefit.
One of them allows undocumented spouses of US citizens to apply for residency and obtain a work permit without having to leave the country as required by current law. According to authorities, the program would benefit half a million people, but it is not He still knows how many would be fellow nationals.
4. The requirements for ‘dreamers’ to obtain work permits and a path to residency in the US.
The so-called ‘dreamers’, people who came to the United States when they were very young and among whom there are thousands of Colombians, who have graduated from universities in the United States and have a specific job offer in a highly qualified field, such as science and technology. , can apply to this modality.
Although the figures are not clear, it is estimated that there are at least 50,000 Colombians who are considered ‘dreamers’ out of a population of close to 2 million people.
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Among that group, there would be thousands of Colombians who studied high school, have graduated from US universities and could qualify.
Joe Biden’s new offer for the ‘dreamers’ is significant, since they currently have to renew their status every three years and the program is threatened since a judge declared it illegal, which is why its appeal process is advancing. If the decision is upheld, the ‘dreamers’ would be one step away from deportation or illegality.
Under Biden’s program, however, work permits would lead to residency, which is a permanent status and provides stability.
SERGIO GÓMEZ MASERI
EL TIEMPO correspondent
Washington
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