Immigration reform as a potential solution to the aging population
Kyle Huffman • April 27, 2023
Immigration reform is one of the most powerful tools and opportunities the United States has to address several of our nation’s most pressing economic issues, and it should be utilized as one of the primary tools to address the coming concern of the United States’ aging population and the possibility of substantial population decline.
Numerous economic studies have shown the relationship between economic development and population decline. In the vast majority of cases, economic development, resulting in better wages and better working and living conditions for the population, results in a decline in birthrate as the opportunity cost of having children increases for parents. This can be seen in many countries around the world facing this issue today including Japan, China, South Korea, Germany, and Spain, among many others. The United States is no different, the baby boomer generation is aging and increasingly withdrawing from the workforce and transitioning into retirement. As populations age in developed countries, declining birth rates have become a growing concern. Countries with low birth rates face a shrinking workforce, decreased economic growth, and higher demand for social services, such as healthcare and pensions. A falling birthrate often means a decrease in the number of young people entering the workforce, which can lead to a shortage of workers, decreased economic growth, and an increased burden on the healthcare and social security systems as the number of workers paying into these systems shrink, while the number of people relying on these systems grows.
You have likely heard the phrase “nobody wants to work anymore” expressed numerous times in the media in various forms. The truth is this sentiment will only continue to be exacerbated as the largest generational subset of the American population exits the workforce increasingly in the coming years.
However, the United States has a unique opportunity to address these issues and minimize the economic consequences of an aging and shrinking population – through its immigration system. Enhancing liberal immigration policies and increasing pathways to legal immigration status in the United States is one of the most powerful mechanisms the United States can employ to address these looming issues. According to a 2020 survey conducted by the United Nations, the United States is the most popular destination for immigrants in the world. As a destination that is currently sought by many hopeful immigrants from countries all over the world, the United State should take advantage of this opportunity and high demand for immigration to offset the declining birthrate and the eventual losses to the labor force as a result.
By attracting immigrants, the United States can increase the number of people in the workforce, which can help to offset the effects of a declining birthrate. Immigrants bring with them skills, experience, and a willingness to work, all of which can help to boost a country's economy. Additionally, many immigrants are young, which can help to offset the aging population in many first world nations, the United States included.
Liberal immigration policies can also help to address another important issue: diversity. By welcoming immigrants from different backgrounds, countries can benefit from the perspectives and experiences of people from different cultures. This can help to foster innovation and creativity, which can in turn lead to economic growth.
Of course, there are also challenges associated with liberal immigration policies. Some people are concerned that immigrants may take jobs away from native-born workers or strain social services. However, these concerns can be addressed through careful policy design and implementation. For example, policies could be put in place to ensure that immigrants have the necessary skills and qualifications to fill labor shortages, and that they are integrated into the community in a way that supports their success. Moreover, statistics show that immigrants are more likely to go into business for themselves compared to the native-born population. This means that immigrants are more likely to create new businesses, i.e., new job opportunities, compared to native-born counterparts, which helps to address the concern that immigrants will reduce the job opportunities available for U.S. workers.
For these reasons, among many others, the United States would benefit from substantial immigration reform and increasing pathways to legal immigration for skilled workers in this country. The profound benefits that are possible through responsible and strategic immigration policy could be a significant part of the solution to some of the biggest economic challenges that the United States will face in the coming decades, and this is important to consider the next time you see the same news station simultaneously proclaim, “Nobody wants to work anymore!” and “We need to close our borders!” at the same time.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
In recent months, the U.S. government has intensified its vetting procedures for individuals seeking entry into the United States, whether through visa applications abroad or inspection at ports of entry. This shift, prioritized by the current administration, is having a noticeable impact on immigrants, visa holders, and even lawful permanent residents (LPRs). At U.S. consulates worldwide, applicants are experiencing increased delays , often being placed into administrative processing under Section 221(g) or referred for Security Advisory Opinions (SAOs) , which can significantly prolong visa issuance. Officers are now engaging in deeper reviews of applicants' backgrounds, including their t ravel histories, social media accounts, and foreign ties . This scrutiny applies to a wide range of visa categories, from visitor visas to employment-based petitions. Importantly, officers are exercising broader discretion when deciding who qualifies for a visa, making the process more unpredictable, even for applicants with strong cases. This enhanced vetting does not end at the consulate. Individuals entering the U.S. — even those with valid visas or green cards — are increasingly subject to prolonged secondary inspections by Customs and Border Protection (CBP). Officers may ask detailed questions about prior immigration history, travel patterns, and social media activity. In some cases, travelers are asked to provide access to their electronic devices for further inspection. There are also growing reports of travelers being referred to deferred inspection or even issued a Notice to Appear (NTA) for removal proceedings, despite previously lawful entries. While some of these practices have existed in the past, the current administration has formalized and expanded them. Experts warn that additional travel restrictions or targeted bans could also emerge as part of the administration’s enforcement priorities. For employment-based applicants, these delays and complications can severely impact U.S. businesses and foreign nationals who contribute critical skills to the U.S. economy. It is more important than ever to be well-prepared before attending a visa interview or traveling internationally. Understanding your rights and preparing thoroughly can help you navigate this uncertain landscape. At Santos Lloyd Law Firm, P.C. , our immigration attorneys are ready to guide you through this evolving process and ensure you are informed, supported, and protected. Please contact us if you have questions or need assistance.
On March 31, 2024, U.S. Citizenship and Immigration Services (USCIS) implemented a policy update that limits gender marker selections on all immigration forms and systems to two biological sexes: male and female. This change eliminates the option for applicants to select a non-binary or “X” gender marker—an option that had previously been permitted on some forms. While USCIS emphasizes that this update does not change who qualifies for immigration benefits, it may significantly impact how certain applications—particularly asylum claims based on gender identity-related persecution—are understood and evaluated. What Has Changed? Under the revised policy, applicants may now only choose “Male” or “Female” when completing USCIS forms. The ability to select a non-binary or third-gender option is no longer available. Applicants may still request to change their gender marker with USCIS, but only within the male/female binary. Supporting documentation, such as medical or legal records, is not required to make the change. This means that transgender individuals can still align their gender marker with their identity—if it falls within the two binary categories—but non-binary individuals are no longer represented. The change follows guidance issued by the federal Office of Management and Budget (OMB), which called for greater consistency in the collection of sex and gender data across federal agencies. Impact on Asylum Applicants This policy update is especially important for individuals applying for asylum based on persecution related to their gender identity. Under U.S. immigration law, asylum is available to people who have suffered persecution—or fear future persecution—based on their membership in a “particular social group.” This includes people targeted for being transgender, gender non-conforming, or otherwise not aligning with socially expected gender roles in their home country. Although the legal standard for asylum remains unchanged, the removal of the non-binary gender marker could make it harder for some applicants to clearly present and document their identity. In asylum cases, credibility and clarity are crucial. The ability to accurately reflect one’s gender identity on official forms can play an important role in establishing the foundation of a persecution claim. Now, applicants who identify as non-binary or outside the traditional male/female categories may be forced to select a gender that does not align with their lived experience. This could lead to confusion in their case file or require additional explanation during interviews or hearings. This policy could weaken the strength of some asylum claims—not because the underlying facts have changed, but because the official forms now fail to reflect the applicant’s true identity. For example: A non-binary person applying for asylum after being targeted in their home country may now have to select “Male” or “Female” on their asylum application, despite not identifying as either. This mismatch may lead adjudicators to question the applicant’s identity, possibly weakening the strength of the claim or requiring added clarification and documentation. In defensive asylum cases—where applicants are in removal proceedings—such inconsistencies could create unnecessary hurdles and complicate the evidentiary presentation. What Can Applicants Do? Despite the change, individuals can still pursue asylum based on gender identity. The underlying eligibility criteria remain the same. However, applicants should be prepared to clearly explain any differences between their stated identity and the gender marker required on USCIS forms. Applicants are encouraged to: Include a personal declaration explaining their gender identity in detail and how it relates to their fear of persecution. Provide evidence such as affidavits, country condition reports, or expert testimony that supports the claim. Work with an experienced immigration attorney who can help present the claim effectively and prepare for any questions that might arise from the new form limitations. The new USCIS policy on gender markers may seem like a technical update, but for asylum seekers fleeing gender-based persecution, it has real implications. While individuals are still legally eligible to seek protection, the limitation to binary gender options could make it more difficult to fully and clearly present their case. If you or someone you know is facing immigration challenges related to gender identity—or is concerned about how this policy may impact an asylum claim—please contact Santos Lloyd Law Firm to schedule a consultation with one of our experienced immigration attorneys. We’re here to help ensure your voice is heard and your case is handled with the care and expertise it deserves.
In 2025, the immigration landscape continues to shift under the weight of national security concerns, ushered in by Executive Order “ Protecting the United States From Foreign Terrorists and Other National Security and Public Safety Threats. ” This directive tasks federal agencies—including the U.S. Department of State—with implementing enhanced screening and vetting protocols for all foreign nationals seeking visas or other immigration benefits. The result? A dramatically intensified vetting process, along with mounting concerns from immigrants, attorneys, and civil liberties advocates alike. Traditionally, airport security focused on verifying travel documents and screening for prohibited items, while consular officers assessed the legitimacy of visa petitions and the admissibility of applicants. Extreme vetting, however, represents a significant shift toward a far more invasive and comprehensive investigative process. It now includes detailed background checks, biometric verification, digital forensics, and expansive scrutiny of an applicant’s online presence and criminal or financial records. Since President Trump’s second term began in January 2025, the implementation of extreme vetting has expanded rapidly. Today, border screenings go far beyond routine document checks, encompassing a full-scale evaluation of a traveler’s digital life. This pivot reflects the administration’s intensified focus on national security, but it has also triggered urgent discussions about privacy, due process, and the fairness of modern immigration enforcement. At U.S. ports of entry—especially airports—noncitizens are now subject to rigorous and invasive procedures, including: Inspection of cell phones, laptops, and other devices (including deleted content) Review of social media activity on platforms like TikTok, Instagram, and X (formerly Twitter) Biometric scanning, including fingerprinting and facial recognition These measures are no longer confined to travelers from high-risk countries. In practice, extreme vetting applies broadly across all nationalities, and increasingly affects lawful permanent residents as well. For noncitizens, this new landscape introduces a heightened level of uncertainty and vulnerability. Delays at U.S. consulates for visa issuance or renewal are becoming routine. Travelers must now be acutely aware of these changes, and those attending consular interviews or seeking visa renewals should be prepared to provide additional documentation verifying their maintenance of status, compliance with visa conditions, and the bona fide nature of their visa applications. It is critical to organize supporting materials in advance and be ready to answer questions about employment, education, travel history, and online activity. As the U.S. government continues to expand its use of data-driven risk assessment tools, travelers must adapt to a new normal, one where preparation is essential to navigating the immigration system without disruption.
