Current Issues of Immigration, 2006

Transcription

1 Current Issues of Immigration, 2006 CONSTITUTIONAL RIGHTS FOUNDATION

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3 Developed by Marshall Croddy and Bill Hayes Writers Carlton Martz Marshall Croddy Bill Hayes Editors Bill Hayes and Keri Doggett Design and Production Andrew Costly CRF Publications Committee Reviewers Katrina Dewey, Marshall Horowitz, Patrick Rogan, and Lois Thompson Special Thanks David Tokofsky, Los Angeles Unified School District Board of Education Todd Clark Executive Director Marshall Croddy Director of Programs Constitutional Rights Foundation 601 South Kingsley Drive Los Angeles, CA (213) Fax: (213) Constitutional Rights Foundation is a non-profit, non-partisan education organization. It seeks to instill in our nation s youth a deeper understanding of citizenship through values expressed in our Constitution and its Bill of Rights. Its goal is to educate young people to become active and responsible participants in our society. CRF is dedicated to assuring our country s future by investing in our youth today.

4 Table of Contents Introduction Teaching Strategies Handling Controversy Directed Discussions Small-Group Activities Simulations and Role Playing History of Immigration Through the 1850s History of Immigration From the 1850s to the Present Issues of Illegal Immigration Federal Policy and Immigration Current Proposals on Illegal Immigration Options for Affecting Public Policy Conducting a Panel Discussion and Civil Conversation Sources

5 Introduction The goal of this curriculum package is to facilitate constructive classroom discussions on historical and contemporary issues of U.S. immigration policy. The materials consist of six lesson modules designed to put the current controversies about illegal immigration into historical and political context. They consist of readings, guided discussion questions, and interactive learning activities designed to help students explore and deepen their understanding of the issues presented. In addition, the curriculum package includes a resource for conducting structured discussions with students. Overview of Contents 1. History of Immigration Through the 1850s traces immigration to the United States through the 1850s. Particular attention is paid to the initial European immigration, the bringing of black slaves from Africa, Irish immigration and nativism against the Irish, and the Mexican- American experience and the Treaty of Guadalupe Hildalgo. 2. History of Immigration From the 1850s to the Present provides background on European immigration at the turn of the 20th century, reactions against these immigrants, immigration after World War II, today s new immigrants, illegal immigration, and the reasons people immigrate to the United States. 3. Issues of Illegal Immigration explores current topics and policy options that have been considered for addressing illegal immigration. 4. Federal Policy and Immigration examines the responsibility that the federal government has for handling immigration in a case study of the current legislative proposals in Congress. 5. Current Proposals on Illegal Immigration looks at the current proposals put forward by the U.S. House and Senate. It examines their content and looks at their pros and cons. 6. Options for Affecting Public Policy reviews methods for engaging in public policy issues. It explores letters to the editor, letters to officials, letter-writing campaigns, petitioning, and telephone campaigns, and lobbying. 7. Conducting a Panel Discussion and Civil Conversation provides two strategies to engage students in discussing controversial issues and policies. For further information contact Marshall Croddy or Bill Hayes at Constitutional Rights Foundation. Marshall Croddy Bill Hayes Director of Program Senior Editor (213) (213) marshall@crf-usa.org bill@crf-usa.org 5

6 Teaching Strategies These materials stimulate student participation in various activities. Listed below are some suggestions to facilitate the lessons. Handling Controversy These materials often raise controversial issues. Controversy cannot and should not be avoided. Disagreement is a real, indeed necessary, phenomenon. It is an essential part of students learning how to participate in a democracy. When a controversy arises in your classroom, clarify the disagreement: Identify the issue or issues under dispute. Identify areas of agreement and disagreement. Identify underlying assumptions. Make sure students concretely define terms and avoid slogans. This process of definition may bring the subject to a close. If not, use an appropriate strategy for addressing the controversy, including discussion, research, formal debate, anonymous writing assignments, private or public mediation, and forced perspective activities in which students must argue an issue from the other side. Note that some of these activities can be prepared or completed outside of class, so there is no need to seriously disrupt your schedule. Whatever strategy you use, be sure students follow certain ground rules: They must argue ideas, not personalities. They must represent the opposing position(s) fairly and accurately. They should admit doubts and weaknesses in their own position. Above all, the argument should concentrate on evidence. Students should air their own views, hear their opponents views, and examine both. Be sure students understand that closure of a controversy does not mean one side wins. Directed Discussions Each lesson has discussion questions. Some check student comprehension of words or concepts. Others ask students to infer, compare, analyze, synthesize, hypothesize, or evaluate information. Discussion of questions in this latter category is critical to a lesson s progress. Many times, activities are based on information raised in these discussions. When a question asks for personal opinion, encourage students to: State their opinions clearly. Support them with facts, logical arguments, or reference to parallel situations and circumstances. Define the terms they use. Doing this will give students practice in forming opinions that can be communicated. It also will develop criteria for students to judge the opinions of others. 6

7 Some suggestions on leading discussions: (1) Remind students of some basic rules for discussions: Keep an open mind and listen to one another. Respect the opinions of others and do not belittle their views. Work cooperatively to try to find an answer to the question posed. (2) Be ready with potential follow-up questions. This will help you guide the discussion process. (3) Be sure students listen to one another and respond to what was said, not what they think they heard. (4) Remind students that people disagree about many of these questions and there may not be a single, easy answer to the questions raised. Small-Group Activities By working in small groups, students learn to communicate, to cooperate, to persuade and bargain, and to compromise. Student participation can be maximized by: Making sure students clearly and specifically understand the instructions before they begin the activity. Monitoring group progress by circulating among groups during the activity. Holding students responsible for decisions and actions taken by their groups. If a student disagrees with a group s decision, point out constructive ways he or she could and should have altered that decision. When the group activity ends, you might debrief the process as well as the activity. This will help students develop the skills necessary to work well in small groups. You might discuss: What helped this group work well together? What interfered with the group working well together? What could members do next time to improve the group s work? Did everyone participate? Why or why not? How did group members feel about their levels of participation? Simulations and Role Playing Many of these lessons have simulation and role-play activities. These are extremely effective in getting students involved in learning. Although the simulations vary, a few general rules should be observed: Be sure students clearly understand their instructions and roles before beginning the activity. If you have no assigned role, monitor student participation. Debrief the simulations. Ask what happened in the groups, how students arrived at their decisions, and what they learned. Give your students an opportunity to raise and discuss additional questions generated by the simulation. Debriefing is also an excellent time to address the issue of non-participation. 7

8 History of Immigration Through the 1850s The United States is the most diverse nation on Earth. It has been built by millions of immigrants coming to our shores from all the nations of the world. Immigrants have enriched our culture and contributed mightily to our economic growth. Countless numbers have put down roots and found new opportunities in the United States. The process has not always been easy. As newcomers, immigrants have sometimes faced poverty, prejudice, hostility, and even violence. But no other nation has been as successful as the United States in incorporating diverse peoples into one nation. Immigration has defined us as a nation. The first people in America were the ancestors of the American Indians. Most anthropologists believe these people crossed a land bridge connecting what is now Siberia and Alaska. This migration started from 20,000 to 50,000 years ago and lasted until the land bridge disappeared (it is now the Bering Strait). Early European Immigrants From 3 to 4 million Native Americans, or Indians, lived north of the Rio Grande River in North America when Europeans began to explore and settle this area in the 1500s. The Spanish, French, English and Dutch were the chief colonizers of North America. Following the establishment of the first permanent English colonies in Jamestown, Virginia (1607), and Plymouth, Massachusetts (1620), many colonists began to arrive in America. Between 1630 and 1643, about 20,000 people settled in the New England colonies. They came for many reasons to practice their religion freely, to own land, to escape poor harvests and hunger, to earn a better living. Between the English colonies in New England and Virginia lay the Dutch colony of New Amsterdam. In 1624, England seized this colony from the Dutch and renamed it New York. Swedes, Danes, Portuguese, Germans, Poles and other nationality groups had already established settlements in the former Dutch colony. Soon, the English colonies began to encourage northern Europeans to settle in America. Most of these people were Christians, but Jews fleeing persecution in Europe also came to some colonies. Over 50 percent of the early European immigrants arrived as indentured servants. These individuals promised to serve their masters without pay for a set number of years. In return, the masters paid for their passage to America and for their upkeep in America. Some indentured servants, called redemptioners, were bound to the ship captain who brought them to the New World. He then auctioned them off after arriving in one of the colonial ports. The Unwilling Immigrants In 1619, the first black people landed in English America. They, and many after them, probably came as indentured servants who could work for their freedom. But in 1664, the Maryland colonial legislature passed a law making all blacks in the colony, as well as their offspring, servants for life. Similar laws were passed in other colonies. A booming slave trade quickly developed. Slave ships in England loaded up with manufactured goods like cloth and muskets and traveled to slave trading stations on the coast of Africa. Here, the captains negotiated with African slave dealers, exchanging their goods for slaves. The slaves were then forced aboard ships to make the perilous middle passage across the Atlantic. 8

9 1790 Census English 2,042,077 Slaves (African) 694,207 Scotch 162,572 German 139,309 Dutch 55,913 Irish 37,180 French 11,217 Hebrew 1,198 Other 750,201 Total Population 3,893,874 Source: University of Virginia Historical Census Browser Chained together, they were stacked on shelves below deck in filthy disease-ridden holds without light or fresh air. They were often packed so closely together that they could only lie on their sides. Many ship captains believed that overcrowding the ship would bring more money even if some of the slaves died. Thousands of Africans died on these slave ship voyages, which often lasted up to three months. Ships transported an estimated 1 million slaves from West African ports to the 13 English Colonies (and later to the United States). Once in America, ship captains sold their slaves for cash, which they used to buy raw materials like sugar, tobacco, cotton, or other plantation products. They took this new cargo back to England. This was called the triangular trade. Slavery existed in all 13 colonies before the American Revolution, although Northern colonies legally recognized black free men and women. The agricultural economy of the South depended on slave labor. By 1804, all the Northern states had abolished slavery. Congress outlawed the importation of new slaves in But slavery continued to grow in the South. The division between the slave and free states led to the Civil War in After the Civil War, the 13th Amendment was adopted, and slavery became illegal throughout the United States. Severe legal discrimination against blacks persisted for another 100 years. Irish Immigration The first U.S. census in 1790 recorded about 4 million people living in the colonies about 700,000 of African descent and 2 million of English descent. Some 400,000 Europeans came from countries other than England. European immigration to the United States increased slowly after the Revolutionary War until Then during the next 20 years, immigration exploded. From 1841 to 1860, over 4 million people came to the United States. This represented a 600 percent increase over the previous 20- year period. Most of these immigrants came from Great Britain, Germany, and especially Ireland. During the potato famines of the 1840s, thousands of people in Ireland died of starvation and disease. Many Irish decided to leave Ireland and come to America. They were desperate, poverty- stricken people who could only afford to travel in steerage. This was a dark, confined area below the main deck of a ship (barely 5½-feet high), located near the steering mechanism. Despite these poor accommodations, 1.6 million men, women, and children left Ireland for America in the 1840s and 1850s. The sailing ships took anywhere from four to 14 weeks to cross the Atlantic. Before the end of the voyage, conditions in steerage often became unbearable. There was usually little fresh water and the food (which the steerage passengers had to supply for themselves) either ran out or rotted. Overcrowding, poor ventilation, and the lack of sanitation frequently led to outbreaks of contagious diseases such as cholera. At the peak of the Irish immigration in the 1840s, about 25 percent of those in steerage died during the voyage. The American writer Herman Melville described steerage as an open cesspool. He 9

10 went on to write that Irish passengers in steerage were stowed away like bales of cotton, and packed like slaves in a slave ship, with no light and air; cut off from all the most indispensable conveniences of a civilized dwelling. The Irish landed in America at the bottom of the social and economic ladder. They were poor, Catholic peasants with few marketable skills in an overwhelmingly Protestant and rapidly industrializing society. To survive, they took work as laborers and servants in the new cities of the Northeast. Through the next decades, until well after the Civil War, Irish workers contributed mightily to America s growing network of canals, railways, rural highways, city streets, sewers, and waterworks. Nativist Reaction Against the Irish The Irish faced discrimination because of their Catholicism. As more Irish people arrived, the Native American Party was formed. Supporters of this party called themselves nativists believing that they, as white Protestant native-born Americans, were superior to the incoming immigrants. In 1844, violent rioting broke out between nativists and the Irish in Philadelphia. Several people were killed, and nativist mobs burned Irish homes, stores, schools, and even churches. The army was called in to stop the riot. At their national convention the following year, the members of the Native American Party called the newly arrived immigrants a swarm of aliens, who, like a deluge, annually poured moral and political corruption upon us. In 1852, a nativist secret society, later known as the Order of the Star Spangled Banner, was formed to oppose Catholics in public office. Members of this society had to be white, native- born, Protestant, born of Protestant parents, and not married to a Catholic. They attacked Irish neighborhoods and Catholic churches in the 1850s. When they were questioned about their activities, they frequently replied, I know nothing. Because of this response, they were soon called Know- Nothings by other Americans. The Know-Nothings joined other nativists to successfully elect sympathetic politicians to public office. They opposed the further immigration of cheap working foreigners. In 1854, nativists elected nine governors and numerous members of state legislatures and Congress. Two years later their presidential candidate, Millard Fillmore, won almost 25 percent of the national vote for president. He had already served a term as president before joining the Native American Party. But nativists divided over the issue of slavery, and the Native American Party eventually collapsed. The Mexican Borderland A 2,000-mile border today separates the United States from Mexico. This borderland region stretches from the Gulf of Mexico on the east to the Pacific Ocean on the west. The entire area was once part of Mexico. Following the Mexican War, the Treaty of Guadalupe Hidalgo was signed in Under its provisions, Mexico ceded all of present-day California, Nevada, Utah, New Mexico, and parts of other states to the United States. In addition, the treaty approved the 1845 annexation of Texas to the United States. The treaty also recognized rights of Mexicans living within these areas, including the right to keep their language, religion, culture, and property. When the Treaty of Guadalupe Hidalgo was signed, about 75,000 Spanish-speaking people lived in the Southwest. They became American citizens because the U.S.-Mexican border shifted several hundred miles to the south. Before the Treaty of Guadalupe Hidalgo, Mexicans traveled freely in and out of the area. After the treaty was concluded and the area became part of the United States, this 10

11 In the 1848 Treaty of Guadalupe Hidalgo, Mexico ceded to the United States all of present-day California, Utah, Nevada, New Mexico, and parts of other states. The treaty also approved the 1845 annexation of Texas by the United States. (Perry-Castaneda Map Collection, University of Texas Library) pattern of movement continued. Although maps showed a new international border, Mexican citizens residing south of the border kept visiting their relatives who now lived north of the border and vice versa. A constant stream of people moved back and forth across the border with little regard for border or immigration regulations. Mexicans also sought out work in the borderland area. They stayed in the United States for a few weeks, or for a few months, or for many years. Some spent major portions of their lifetimes living in both Mexico and the United States. Others remained in this country permanently, raised families, worked, and paid taxes. By being born in the United States, their children automatically became citizens. For Discussion and Writing 1. What were the major European immigrant groups before 1850? 2. How was the immigration of Africans unique? 3. What is steerage? Why do you think people put up with traveling in such conditions? 4. Why did the Irish come to America? How do you account for the rise of nativism against the Irish? Why do you think that members of most large immigrant groups have experienced resistance to their settling in America? 5. In what ways have immigrants from Mexico differed from those who came from Europe? What are some similarities of those two groups? 11

12 Immigration Poster A c t i v i t y In this activity, students create a poster exhibit on one of the many immigrant groups that have come to America. 1. Divide the class into groups of two or three students and assign each group one of the Immigrant Groups listed in the right column. 2. Each group should do the following: a. Research the immigrant group. Find information to answer these questions: (1) When were the major period or periods of immigration for this group? (2) Why did the immigrants come during the major period(s) of immigration? (3) What obstacles did they face in the United States? (4) How has this immigrant group contributed to America? (5) Who are three important people of this descent? Describe who they are and why they are important. b. Create a poster exhibit that answers the five questions above. Consider putting on your poster quotations from important people, pictures (illustrations, photos, paintings) of something related to the questions, copies of newspaper articles on your topic, cartoons, maps, or other objects related to your topic. c. Be prepared to describe and explain your poster to the class. Immigrant Groups African Arab Cambodian Canadian Central American Chinese Cuban English, Welsh, and Scottish Filipino German Indian Irish Italian Japanese Jews from Eastern Europe and Russia Korean Mexican Polish Russian Thai Vietnamese Another immigrant group (your choice) 12

13 History of Immigration From the 1850s to the Present Most 19th and early 20th century immigrants landed in America at the great Eastern seaports of New York, Philadelphia, and Boston. But a smaller, but no less significant, port of entry for immigrants was San Francisco. Through this port, numerous Chinese began to arrive in the 1850s. Many came as contract laborers to build the western segment of the transcontinental railroad. Others came for the California Gold Rush that had begun in By 1870, over 100,000 Chinese were living in California. When an economic depression occurred in 1873, many Americans lost their jobs. Dennis Kearney, an Irish immigrant, led the Workingman s Party in San Francisco. He charged that Chinese immigrants took away jobs from white Americans by working at low coolie wages. Kearney made many speeches against the Chinese ridiculing their language, religion, and customs. He ended his speeches by demanding, The Chinese must go! Nativist sentiment grew against the Chinese. Responding to the supposed Yellow Peril in the West, Congress passed the Chinese Exclusion Act in It stopped further Chinese immigration and prevented Chinese in the United States from becoming naturalized citizens. Passed for a term of 10 years, the act was renewed in 1892 and made permanent in It was not changed until World War II (when China was an important U.S. ally). In the 1890s, Western farmers needing a source of cheap labor began to encourage the immigration of Japanese. About 7,000 Japanese arrived each year until 1907, when the U.S. and Japanese governments made a Gentlemen s Agreement to slow down the immigration. By 1910, over 70,000 people of Japanese ancestry were living in the United States, most of them in California. By 1940, this number had grown to more than 120,000. Following the Japanese attack on Pearl Harbor in 1941, anti-japanese sentiment arose. Citing fears of espionage and sabotage, President Franklin D. Roosevelt issued an executive order authorizing the mass evacuation of people of Japanese ancestry from Western states. Citizens and non-citizens alike went to relocation camps for the duration of the war. In 1988, Congress passed a law apologizing for the action and compensating each surviving detainee with $20,000. European Immigration About 5 million immigrants, mostly from northern Europe, arrived in America between 1861 and They arrived on ships, most of them traveling in steerage. Before 1880, most European immigrants came from Northern Europe. Starting in 1880, this changed. More and more immigrants began to arrive from Southern and Eastern European nations. People came from Italy, Greece, Turkey, Spain, Portugal, Austria-Hungary, Bulgaria, Rumania, Poland, Russia, and other nations. From 1881 to 1920, nearly 24 million people from these nations came to America. Most entered on ship through New York Harbor and Ellis Island. They differed from earlier European immigrants. More of them were Catholics or Jews. They brought new customs and ways of doing things. Most chose to live and work in the large Eastern cities, especially New York, rather than disperse to the Western farmlands. They filled the tremendous demand for unskilled workers in the growing factories of America s industrial cities. Reaction Against the New Immigrants In cities, the new immigrants often congregated in ethnic enclaves. In these parts of the 13

14 Decade IMMIGRATION TO THE UNITED STATES BY DECADE FROM Number of Immigrants , , ,713, ,598, ,314, ,812, ,246, ,687, ,795, ,735, ,107, , ,035, ,515, ,321, ,493, ,338, ,095,417 Source: 2001 Statistical Yearbook of the Immigration and Naturalization Service cities, immigrants could maintain their customs, eat food they were used to, and speak their own language. Some Americans grew concerned that the new immigrants would not become part of American society. A new nativism arose. The Immigration Restriction League, formed by professionals in Boston, pushed for legislation requiring a literacy test of all immigrants. League members believed that such a test would stop most immigration from Southern and Eastern Europe. In 1907, the U.S. Senate created the Dillingham Commission to study immigration. Its report in 1911 filled 42 volumes. The commission blamed many of the nation s problems on the new immigrants and recommended a literacy test and other restrictions on immigration. Extremist groups such as the Ku Klux Klan emerged. The Klan had terrorized Southern blacks after the Civil War to keep them from voting. In 1915, the organization started up again and spread outside the South. Its followers believed in the superiority of the white race and spoke out against non-whites, Jews, Catholics, and the foreign born. Klansmen participated in beatings, brandings, mutilations, kidnappings, lynchings and murders. The Klan reached its greatest strength during the 1920s. It gradually lost members and officially disbanded in 1944 (but it was restarted during the civil rights movement of the 1950s and 60s). 14

15 Immigrants Admitted into the United States ,950,000 1,800,000 1,650,000 1,500,000 1,350,000 1,200,000 1,050, , , , , , , Source: 2001 Statistical Yearbook of the Immigration and Naturalization Service Relatively few Americans ever supported the Klan. Many, however, did think that the new immigrants presented a problem. The First World War increased this wariness of foreigners. Responding to political pressure, Congress in 1917 passed a law over President Woodrow Wilson s veto requiring all immigrants to pass a literacy test. It also banned immigrants from all countries in Asia except Japan and the Philippines. In 1921, Congress put a temporary quota on immigration. In 1924, Congress made the quota permanent and more strict. It limited the total number of immigrants to 164,000 each year. It also fixed quotas on immigration from each country, basing the quota on the percentage of people from that country who lived in the United States in Since the population in 1890 was overwhelmingly from Northern Europe, the law favored immigration from Northern Europe and discouraged immigration from other countries. Immigration dropped dramatically. The Great Depression caused it to drop even further. In some years, more people left the United States than entered as immigrants. During World War II, many people sought to escape from the Nazis. Some were denied entry into the United States because they did not fit within the immigration quota set by the 1924 law. Immigration After World War II Shortly after World War II, the Cold War began. The United States and Soviet Union squared off against one another. During this period, Congress passed measures to admit refugees from communist nations. In 1953, it passed the Refugee Relief Act, which admitted thousands of refugees from Europe. The 1957 Refugee-Escapee Act allowed entry to people escaping from persecution in communist and Middle Eastern countries. After the communist revolution in Cuba in 1959, refugees fleeing the island were granted admission to the United States. Although Congress was liberal in admitting refugees from communist nations, it did not change the immigration quota system. In 1952, it passed the McCarran-Walter Immigration and Nationality Act over President Harry S. Truman s veto. This act allowed a few immigrants from Asian nations. It also gave the attorney general parole authority to let immigrants enter if it was in the public 15

16 interest. Most important, however, it kept the quota system. Truman complained that the McCarran-Walter Act discriminates, deliberately and intentionally, against many of the peoples of the world. Both Presidents Dwight Eisenhower and John F. Kennedy tried to reform the act. But nothing happened during their terms. Remarkably, when change came, it stirred little controversy. President Lyndon B. Johnson pushed through the controversial Civil Rights Act of 1964 and Voting Rights Act of These were epic struggles. His Immigration Act of 1965 sailed through Congress. The act did away with national quotas and instead set overall limits for immigrants from the Western and Eastern hemispheres. It gave preference to people with useful skills and to relatives of U.S. citizens and permanent residents. In 1978, Congress got rid of the limits on each hemisphere and instead set a yearly ceiling on immigration. The New Immigrants The 1965 act ushered in a new era of immigration. A new wave of immigrants came in the 1980s and 1990s. In sheer numbers, more immigrants came during this period than during the wave at the turn of the 20th century. For example, in 1914 (the peak year of immigration for that era), 1.2 million immigrants arrived. In 1991 (the peak year of the new immigration), 1.8 million immigrants came. But this comparison is somewhat misleading. In 1914, the population of the United States was 99 million compared to 252 million in As a percentage of the population, immigration in 1914 was far greater than in 1991 (1.2 percent of the population compared to.7 percent in 1991). The 1965 law caused the percentage of foreignborn people to rise. In 1970, only 5 percent of the U.S. population was foreign born. Today, about 10 percent are foreign born. But this is still lower than in 1910 when 15 percent of the THE TOP-FIVE COUNTRIES FOR LEGAL IMMIGRATION TO THE U.S. (2001) Country Number of Legal Immigrants Mexico 206,426 India 70,290 People s Republic of China 56,426 Philippines 53,154 Vietnam 35,531 These five countries accounted for 40 percent of all U.S. immigrants in Source: 2001 Statistical Yearbook of the Immigration and Naturalization Service population was born outside the United States. Most of today s immigrants do not come from Europe. They mainly come from Asia and Latin America, especially Mexico. Mexico had provided a small percentage of immigrants to the United States since the 1849 Treaty of Guadalupe Hidalgo (which ceded the Southwest to the United States). The Mexican Revolution of 1910 and the subsequent unrest sent more Mexicans north. But in the 1930s, the Depression in the United States caused vast unemployment. Nativist pressure focused on removing Mexican workers, and the government even adopted programs to return workers to Mexico. Some left willingly, but others were coerced and forcibly deported. Because of a labor shortage in World War II, the U.S. government started the bracero program (bracero is Spanish for day laborer ). It allowed workers from Mexico to come temporarily to do seasonal farmwork and other labor. The program ended in In its peak year (1959), 450,000 braceros entered the country. Beginning in the 1950s, more immigrants came from Mexico. This flow continued, and by 2001, Mexico sent far more legal immigrants to the United States than any other country. Most recent Asian immigrants have come from five countries: China, India, the Philippines, Korea, and Vietnam. Chinese 16

17 immigration restarted in 1943 when Congress got rid of the Chinese Exclusion Act. Like the other immigrant groups, it surged after The first Vietnamese immigrants arrived in the United States as refugees from the Vietnam War, which ended in Most Korean immigrants have joined family members who immigrated around the time of the Korean War ( ). Immigration from the Philippines dates to the Spanish-American War of 1898 when the United States took control of the Philippines. As members of an American colony, Filipinos were allowed to immigrate to the United States. Congress cut off this immigration in 1934 when it promised Philippine independence. Immigration rose sharply after the 1965 law. The law also sparked new immigration from India. In 1970, about 75,000 people of Asian Indian ancestry lived in the United States. By 2000, the Asian Indian population had jumped to more than 1.6 million. Most of the immigrants from India were professionals or well-educated. Illegal Immigration Since the 1950s, illegal immigration has also grown. No one knows how many people have entered illegally, but the Immigration and Naturalization Service has made estimates. (The INS is now called the Bureau of Citizenship and Immigration Services and is part of the Department of Homeland Security.) In 1990, it estimated that 3.5 million illegal immigrants lived in the United States (about 1.4 percent of the total population). By 2000, it calculated that the number had doubled to 7 million (about 2.4 percent of the total population). About a third of the illegal immigrants live in California and a sixth live in Texas. About two-thirds of them come from Mexico. A debate has raged over whether illegal immigration is a serious problem and, if so, what to do about it. California and Texas have called 17 on the federal government to help stem the tide. Beginning in the early 1990s, the government increased patrols around major border crossings. In recent years, it seems that illegal immigration has slowed down, and despite stepped-up border patrols, the number of apprehensions has dropped. It s not known whether the decline in illegal immigration comes from the increased patrols or the recession in the United States. Why Do Immigrants Come to America? From 1820 to 2001, more than 67 million people entered this country from many lands. Some paid their own way. Some came as indentured servants. Some signed up as contract laborers to work on American railroads, canals, farms, and factories. Others came as refugees or entered the United States illegally. Millions abandoned their homes to become part of the greatest mass migration of people in the history of the world. Why did they do this, and why do they still come? As in most cases of human migration, there are push and pull factors at work. Push factors are conditions that encourage people to leave their homelands. They include such things as famine, unemployment, and poverty. Also, crippling taxes, wars, the military draft, and religious and political persecution have forced people to abandon their native countries. Immigrants coming to this country have not only been pushed from their homelands. They have also been pulled by the seemingly limitless opportunities of America. There was land to farm. There were forests to cut down and railroads to build. The Gold Rush of 1849 stirred the imaginations of the adventurous. Those trapped in poverty saw a way out by getting jobs as farm laborers or in the industrial cities of America. Still others were drawn by the American ideals of freedom and equality. Millions of immigrants have pulled up their roots and journeyed to America. Immigrants

18 Major U.S. Immigration Laws U.S. Constitution (1789) gave Congress the power to establish an uniform Rule of Naturalization. Immigration Act of 1819 set standards for vessels bringing immigrants. Ship captains had to provide customs officials with a list of immigrants describing where they came from, where they were going, and their age, sex, and occupation. Passengers ill with contagious diseases had to be quarantined. States carried out the provisions of this law. Treaty of Guadalupe Hidalgo (1848) granted U.S. citizenship to Mexicans living in the territory ceded by Mexico to the United States. 14th Amendment to the U.S. Constitution (1868) guaranteed that All persons born or naturalized in the United States... are citizens of the United States.... Chinese Exclusion Act (1882) banned for 10 years Chinese immigration and eligibility for citizenship. The law was renewed in 1892 and 1892 and made permanent in It was not repealed until World War II. Contract Labor Law of 1885 outlawed the practice of signing up foreign laborers to work in America for low wages. No immigrant could have a job or a promise of a job before landing. Immigration Act of 1891 gave the job of processing immigrants to the federal government. Federal inspectors examined immigrants on arrival. The law also barred persons suffering from loathesome or dangerous diseases, those convicted of crimes involving moral turpitude, polygamists, and those whose passage was paid for by others. Those rejected for immigration were deported at the expense of the shipping companies. Immigration Act of 1907 allowed the president to make an agreement with Japan to limit the number of Japanese immigrants. The law also barred the feebleminded, those with physical or mental defects, those suffering from tuberculosis, children under 16 without parents, and women entering for immoral purposes. Immigration Act of 1917 banned all aliens over sixteen years of age, physically capable of reading, who cannot read the English language, or some other language or dialect.... National Origins (First Quota) Act of 1921 limited the number of immigrants from any country to 3 percent of the foreign-born persons of that nationality living in the United States in This formula provided for relatively large immigrant quotas for Northern Europe and small quotas for Southern and Eastern Europe. National Origins (Second Quota) Act of 1924 further discriminated against Southern and Eastern Europeans by limiting the number of immigrants from any country to 2 percent of foreign born persons of that nationality living in the U.S. in Only 164,000 immigrants were to be admitted each year; this total was further reduced to 150,000 in The law also imposed new restrictions on Asian immigration. Displaced Persons Act of 1948 allowed into the United States refugees from countries ravaged by World War II, but their entry was charged to the national quota limits established in McCarren-Walter Act of 1952 maintained the quota system and limited immigration to 150,000 persons a year. In addition, refugees fleeing communist countries were admitted under special parole authority of the U.S. attorney general. Immigration Act of 1965 abolished the national origins quota system. Preference is given to skilled persons and immigrants who are closely related to American citizens. After five years residency in the United States, immigrants may apply for naturalized citizenship. Refugee Act of 1980 defined a refugee as any person leaving his or her own country because of a well founded fear of persecution on account of race, religion, nationality, membership in a particular group, or political opinion. Immigration Reform and Control Act of 1986 made it illegal for employers to knowingly hire illegal immigrants. It also set up a process to grant amnesty and legal papers to about 1.5 million undocumented people in the United States. Illegal Immigration Reform and Immigrant Responsibility Act of 1996 authorized more Border Patrol agents and a triple fence along the San Diego border, made tougher penalties for smuggling people and creating fraudulent documents, and created an expedited removal process to remove anyone trying to enter the United States without proper documents. USA Patriot Act of 2001 put immigration under the control of the newly created Department of Homeland Security and tripled the budget for Border Patrol agents along the Canadian border. 18

19 are still coming. They are coming for the same reason that most immigrants came in the past: for hope and a chance for a better life. How Has America Accommodated So Many Immigrants? The United States has forged a nation of immigrants. The presence of different ethnic groups could easily have led to permanent divisions and ethnic strife as it has in other places. This country has experienced some of these problems at various times, most notably racism and nativism. Yet through all the hardships and setbacks, it has managed to mold a united nation from diverse ethnic groups. There are many reasons for this success. First, from the beginning, the United States has been a nation of immigrants. In 1783, President George Washington stated: The bosom of America is open to receive not only the opulent and respectable stranger, but the oppressed and persecuted of all nations and religions. Accepting immigrants is considered part of American culture. Second, America s commitment to freedom has encouraged toleration of different religions and traditions. The First Amendment to the U.S. Constitution guarantees freedom of expression and the right to freely practice any religion. Third, upward mobility has kept ethnic groups from being mired in poverty. The United States has historically had a strong economy. The growing economy has pulled most people up, including immigrants. In most cases, after a generation or so, people have joined America s vast middle class. Fourth, the United States two-party system has helped prevent political fragmentation along ethnic lines. The United States has had some third-party movements, but they have been short- lived. Those engaged in politics have had to work within one of two parties. The parties in turn have had to accommodate a broad range of people. Fifth, American ideals proclaim an openness to immigrants. The Declaration of Independence proclaimed that all men are created equal. The Statue of Liberty stands in New York Harbor as a beacon welcoming immigrants. The United States has not always lived up to these ideals, but they have given immigrants a sense that they belong in America and have encouraged toleration from everyone. For Discussion and Writing 1. The two largest periods of immigration in our history occurred before World War I and from the 1980s onward. Where did the immigrants come from in each of these periods? How are the immigrants of the two periods different? How are they similar? Why do you think that more European immigrants did not come to the United States after 1965? 2. What were the push and pull factors that accounted for the mass migration of people to the United States up to 1924? What factors exist in the world today that explain why many people are still coming to America? 3. What is nativism? What examples of it are cited in this article? What do you think accounts for it? 4. The end of the article cites various reasons for America s success in forging a nation of immigrants. Which of these reasons do you think is most important? Why? 5. What did the 1924 immigration law do? How did the 1965 law change this? Which law do you think is better? Explain. 6. Do you think the U.S. today does a good job of welcoming immigrants? 19

20 Issues of Illegal Immigration You ve probably heard a lot of talk about illegal immigrants, or undocumented people. For the last 30 years, unauthorized immigration has been a major political issue. It remains one of the most difficult to resolve. The Numbers No one really is sure how many undocumented immigrants live in the United States. Estimates range from 4 to 12 million people, but these are guesses. Moreover, the undocumented population fluctuates. Population experts have discovered that while there is a constant flow of undocumented people coming into the United States, there is also a counterflow leaving each year. This is especially true for undocumented immigrants from Mexico. Undocumented immigrants come from many parts of the world Latin America, Europe, Asia, and Africa. Mexicans make up the single largest group of undocumented workers. But many Mexicans remain only temporarily in the United States. Many get low-paid jobs that do not last long. When the jobs end, they often return to Mexico. One expert has claimed that the average stay of undocumented workers from Mexico is around six months. Of course, some remain for much longer, while others are caught and deported. Each year about 1 million people, the majority of them from Mexico, are arrested by immigration officers. The Reasons Thousands of Mexicans, some with their families, cross illegally into the United States each year looking for work. They come because of conditions in Mexico. Mexico s population is increasing rapidly. It is projected to grow from 100 million in 2000 to 135 million in In 1975, Mexico s population was 60 million. ANNUAL ESTIMATES OF THE NUMBER ENTERING AND LEAVING THE TOTAL UNAUTHORIZED RESIDENT POPULATION: 1990 TO million 1 million 800, , , , Each year thousands of illegal immigrants enter and thousands also leave the United States. The black bar represents those entering and the gray bar represents those leaving. Source: Estimates of the Unauthorized Immigrant Population Residing in the United States: 1990 to U.S. Immigration and Naturalization Service 20

21 ESTIMATED UNAUTHORIZED RESIDENT POPULATION, TOP 10 COUNTRIES: 1990 AND 2000 All countries Mexico El Salvador Guatemala Colombia Honduras China Ecuador Dominican Republic Philippines Brazil All other countries ,000, ,500, ,808, ,040, , , , , , , , , , , , , , , , , , , ,104, ,000 Source: Estimates of the Unauthorized Immigrant Population Residing in the United States: 1990 to U.S. Immigration and Naturalization Service Although its population is exploding, Mexico s agricultural output has not grown much since About half of its farmers do not grow enough to feed their families. This has pushed many to search for jobs in the cities. But the unemployment rate in Mexico often climbs to 25 percent. Of those who do find jobs, 60 percent work for very low wages. In numerous rural villages and in major Mexican cities, poverty often threatens the survival of families. Many people survive from the money that undocumented immigrants send home from the United States. Many decide to join the thousands crossing the border into the United States in search of work. Under current U.S. immigration law, from 150,000 to 200,000 Mexicans legally immigrate into this country each year. But there is a waiting list. To get on the list, preference is made for Mexicans who either are: close relatives of a legal U.S. resident, or skilled workers or professionals. For many poor and unemployed Mexicans, these preferences make it almost impossible to immigrate legally to the United States. Many do not want to immigrate permanently. They just want to get a job, make some money, and return home. Crossing the Border Smuggling immigrants into the United States is a big business along the Mexican border. Organized bands with thousands of guides, known as coyotes, take in millions of dollars a year. Many immigrants learn that their chances of making it across the border are much better if they pay someone to smuggle them in. Those without guides often get caught. The job of stopping unauthorized immigration along the 1,952-mile U.S.-Mexico border belongs to the U.S. Border Patrol. When undocumented people are caught, they are not brought to trial. Trials for thousands who are caught would overpower the federal court system. So most are simply detained and then bused back across the border. Quite often, they attempt their journey again within a few days. Since 1993, the government has beefed up the Border Patrol. The number of Border Patrol agents has more than doubled from fewer than 4,000 in 1994 to 9,500 in The Border Patrol is part of the Bureau of Citizenship and Immigration Services, which is now part of the Department of Homeland Security. (Until 2003, the BCIS was called the Immigration and Naturalization Service and was part of the Justice Department.) The bureau s budget has increased from $1.5 billion in 1994 to $6.3 billion in

22 Beginning in 1994 with Operation Hold-the- Line, the Border Patrol has focused on stopping illegal immigrants crossing from border cities and towns in California, Texas, and Arizona. The increased patrols have apparently shut down much unauthorized immigration in these areas as the Border Patrol makes fewer arrests in these populated areas. More and more immigrants trying to enter the United States turn to coyotes for help and try crossing through dangerous terrain like the remote deserts of Arizona and eastern California. As a result, more have died of exhaustion and exposure trying to enter the United States. From 1998 through 2002, more than 1,500 illegal immigrants died trying to cross. Economic Impact Most undocumented Mexicans come to the United States to work and make money. But they do require government services. Their children attend public schools. When they get sick, they go to public hospitals. Many studies, however, have found that the undocumented immigrants pay more in payroll taxes income taxes and Social Security than the costs of these services. Undocumented immigrants also pay local taxes, but local government officials complain that local government pays for the services that undocumented immigrants need and the federal government collects the bulk of the taxes that they pay. Many politicians, especially in California, Arizona, and Texas, have demanded that the federal government compensate the state and local governments for these services. In 1975, the Texas passed a law authorizing school districts to stop admitting children who were not legally admitted into the United States. The law was challenged in court, and in 1982 the U.S. Supreme Court ruled that it the law violated the 14th Amendment to the U.S. Constitution. The court held that the equal protection clause of the 14th Amendment requires the state to provide free public schooling to children of undocumented workers on a equal basis with other children in the state. (Plyler v. Doe) Many employers want undocumented workers who will work for lower wages. Some employers of undocumented workers exploit or cheat them. Some employers have even refused to pay undocumented workers, because they know that the workers would be afraid to report them for fear of being turned in to the immigration service. The Immigration Reform and Control Act of 1986 made it illegal for employers to hire undocumented workers. But this provision of the law has had questionable effect. The immigration service permits employers to accept many different documents as proof of work eligibility. For anywhere from $20 to $60, a worker can buy fraudulent documentation. Perhaps the greatest worry Americans have about undocumented immigrants is the belief that they take away jobs from U.S. citizens. There is a great debate among economists and others over this issue. No hard statistics have been produced that show how seriously American workers are hurt by illegal immigrants taking jobs they could fill. Some experts believe that undocumented workers generally take hard, low-paying jobs that most Americans turn down picking crops, digging ditches, busing tables, washing dishes, cleaning, working in clothing factories, etc. A former commissioner of the immigration service, Lionel Castillo, has stated that he believes illegal immigrants create jobs and benefit the economy. Some individual workers get hurt.... he says. But as a country, our economy is strengthened.... Other experts disagree. Mark Krikorian, executive director of the Center for Immigration Studies, argues that undocumented immigrants hurt both American workers and business. He says that the influx of undocumented workers keeps wages of unskilled workers low. He also 22

23 Mounted Border Patrol agents cover remote areas that are inaccessible to vehicles. (United States Customs and Border Protection) argues that illegal immigration prevents innovation and causes the industry in question to lose its competitive edge in the long term. Reducing illegal immigration and allowing wages to rise naturally would not only be good for the working poor, it would make for a more productive economy. Employers, in response to upward pressure on wages, would adopt more productive methods.... What Should Be Done? Americans on all sides of the immigration debate believe our immigration system is broken. They debate how to fix it. On one side are those who think that tougher immigration laws and enforcement can cut the number of undocumented persons in the country. They may differ on the methods for enforcement. Some favor employing more Border Patrol agents, building high fences across the border, and even making illegal immigration a felony. Others seek to punish employers who hire undocumented workers. On the other side are those who believe that the tougher approach has already failed. They think that new laws are needed that can actually be enforced. Such an approach, they say, must accommodate the reality of the situation: Many undocumented workers are already in the United States, workers cross the border to get jobs that are awaiting them or to unite with family members, and people enter illegally because the legal process is far too cumbersome and time- consuming. Numerous proposals have been made to deal with the issue of illegal immigration. Some are outlined below. (1) Intercept unauthorized immigrants at the border. This would entail further beefing up the Border Patrol and perhaps even calling on National Guard troops to help out. The Border Patrol has already done a better job by concentrating its forces on high-frequency crossing points, such as the 13-mile border near San Diego. Lights, fences, and automobile barriers have been built along this stretch. Opponents of interception argue that it would take a small fortune to seal the border, because people will always find a way to cross it. They point out that one effect of tightened borders is that today more undocumented workers stay in the United States instead of going back and forth across the border. (2) Stop employers from hiring undocumented immigrants. This would entail stiffening punishments on employers, particularly 23

24 repeat offenders. Assets from a business could be forfeited to the government. Some current policies being proposed urge the creation of a fraud-resistant federal identity card for every person legally in the United States or a database listing all eligible workers. Opponents argue that punishing employers would hurt business and start making employers reluctant to hire minorities. An identity card or database, they believe, would violate the privacy rights of individuals. (3) Stop government services to unauthorized immigrants. This would entail passing laws requiring public schools, hospitals, and welfare offices to require proof of citizenship or legal residency before permitting persons to use nonemergency public services. Supporters believe that this would relieve taxpayers from paying for services for undocumented immigrants. Opponents argue that this would do nothing to stop illegal immigration, that it would send children into the streets and leave dangerous diseases undiagnosed, and that the Supreme Court has declared such laws unconstitutional in Plyler v. Doe (1982). (4) Grant an amnesty and give workers a path to gain citizenship. Undocumented workers already in the United States would be given a work permit. On showing that they have no criminal record and after a period of years, they would be given the opportunity to get permit resident status and eventually citizenship. Supporters say that these people have entered illegally mainly because our immigration system is broken. They argue that these workers should get a chance to earn citizenship. Opponents argue that granting an amnesty has been tried before and only encourages more illegal immigration. They argue that it would reward people who leapfrogged over others waiting to enter the country illegally. (5) Create a guest-worker program. This would allow a limited number of Mexican nationals to enter the country legally and work in jobs that U.S. workers are reluctant to take, such as farm work. The country did allow guest workers from Mexico (called braceros) from World War II until Supporters believe that it will be easier to enforce immigration laws and also protect immigrant workers if we have a legal procedure for letting in temporary workers and give them the full protection of U.S. laws. Opponents say that the bracero program led to more illegal immigration and great exploitation of Mexican guest workers. (6) Expand the number of legal immigrants to fit the existing job market. The number of legal immigrants would be increased or decreased each year depending on the job market. Supporters note that people enter the United States illegally because there are many job opportunities, and there are not enough people entering legally to fill these jobs. Opponents argue that there are too many Americans without jobs and that employers are just trying to get cheap labor. (7) Streamline the legal immigration process. The government would work to streamline the current system, which is clogged with requests to work in the United States or to join family members already in the United States. Supporters note that many people enter illegally because the current system is so backlogged. Opponents point out that since the attacks of September 11, 2001, our borders need greater security and immigration officials should carefully check everyone entering the country. (8) Aid Mexico. Others who have studied the illegal immigration situation believe that something should be done to eliminate the basic cause of the problem the poor economic conditions in Mexico. These experts propose that the United States substantially increase economic aid to Mexico, enabling it to put more of its own people to work at better wages. They also support increased trade with Mexico, to which they hope the North American Free Trade Agreement will be a con- 24

25 tributing factor. Some opponents of assisting Mexico believe that aid money seldom works, and others think it would take more money than America can afford and too much time before it would affect the problem. For Discussion 1. Why do you think most undocumented immigrants come to the United States? 2. Do you think unauthorized immigrants help or hinder the U.S. economy? Explain your answer. 3. What do you think should be done about illegal immigration? A C T I V I T Y The President s Commission What should the United States do about illegal immigration? In this role-play, your class will have a chance to come up with its own solution. After the class has read the article on undocumented workers, follow these instructions: 1. Form the following role groups: Employers of Undocumented Immigrants: You claim that you need laborers willing to work at hard jobs for low wages. You say its difficult to get Americans to take such jobs. Opponents of Illegal Immigration: You are convinced that undocumented workers take jobs away from Americans, keep wages low, and cause taxes to rise. Border Patrol: You are frustrated that so many undocumented immigrants still cross the U.S.-Mexican border. Border Patrol officers arrest thousands of illegal immigrants. Often they are deported only to try to re-enter the U.S. once again. Supporters of Undocumented Workers: You are a group of Americans who sympathize with and represent undocumented workers. Your position is that undocumented workers are hardworking and greatly help the American economy. Laws should be enacted to let them work legally in the United States. President s Adviser: One person should be selected to represent the president, who wants to develop an effective plan for dealing with today s immigration issues. You have no position but will act as chairperson of the commission. Your job is to put together a plan that all members of the commission can support and recommend. If the commission is divided at the end of its meeting, you will make your own recommendation to the president. 2. Each of the four groups should review the proposals listed in the last section of the article on undocumented workers and select one to advocate. Then every group should review the article to gather facts supporting its proposal and prepare to present its proposal to the group. 3. After all the groups have prepared their proposals, a spokesperson from each group should present its proposal to other members of the commission. After each presentation, commission members and the president s adviser may ask questions and debate the merits of the proposal. 4. When all the groups have finished their presentations, the president s adviser should conduct a vote to decide on which proposals to recommend to the president. Each group has one vote. If a majority fails to support any of the proposals, the president s adviser will decide on his or her own recommendation to the president and announce it. 25

26 Federal Policy and Immigration The federal government is in charge of the nation s policies on immigration. The current proposals before Congress on immigration are examples of the making of public policy. Public policy consists of laws, rules, regulations, and agreements establishing how the government operates. When Congress passed the U.S.A. Patriot Act in 2001 and put immigration under the control of the Department of Homeland Security, it was establishing public policy. When an executive agency such as the U.S. Citizenship and Immigration Services adopts immigration rules, it is setting public policy for all immigrants. Making and Changing Public Policy The formation of public policy on immigration can be complex. Congressional policy making is usually done through the lawmaking process. The current immigration proposals in Congress began to take shape after President George W. Bush proposed a guest-worker program to address the issue of illegal immigration. A member of the House of Representatives proposed an immigration bill, starting the lawmaking process. The proposed bill was given a number and referred to the Judiciary Committee. Each committee in the House studies proposed policies. It may hold hearings and call experts to testify about the need for and effects of the new law. Those opposing the bill also might testify. The committee then debates the policy and votes on the bill. If it is approved by a majority of the committee, then it is sent to the whole House to consider. An immigration bill, without a guest-worker program, was approved by a majority of the Judiciary Committee and sent to the floor of the House for debate. Many amendments were proposed to the bill on the floor. Twenty-four were eventually adopted and added to the bill. The House then voted 239 to 182 to pass the bill. At the same time, an immigration bill was moving through a parallel process in the Senate. The Senate bill differed greatly from the final House bill. If the Senate bills passes, the House and Senate immigration bills may go to a Conference Committee made up of senators and members of the House. This committee must compromise and reconcile the differences in the two bills. The bill can then be passed by both the House and Senate and sent to the president. If signed, the bill becomes a law and a new policy is established. If the president vetoes the bill, Congress might override the veto if twothirds of both the Senate and House vote to 26

27 do so. Or Congress might modify the bill to meet the president s concerns. Throughout the lawmaking process, the public has opportunities to influence the outcome. With a new immigration bill, advocacy groups such as the National Immigration Forum and the Center for Immigration Studies might track the bill and provide their members with information. Lobbyists might try to sway legislators. Letter-writing campaigns could be organized. The news media print, radio, and television might present editorials, stories, and opinion polls on the proposed policy. Congress is not the only branch of government that makes policy. Executive agencies of government also make policy. If Congress, for example, were to pass an immigration law with a guest-worker program, the law probably would not describe all the details of the program. Included in the law would be enabling legislation. This is a provision requiring that the appropriate executive agency more clearly define what is required by the law and set policies for putting it into effect. The law would be referred to the Department of Homeland Security, which controls immigration enforcement. The department would work to develop regulations for the guest-worker program. This might entail holding public hearings around the nation. Once the regulations were decided on, a document would be produced and sent out for public and expert comment. The final regulations would be subject to congressional oversight. The Realities of Policy Making Policy making is not always an easy process. Deep disagreements can erupt at almost any stage. Sometimes people disagree about the goals of a proposed policy. Does our society really want to pursue that goal? Other times people agree that the goal of the policy is good, but argue that the proposed policy will not help achieve it. Sometimes questions arise about the motivations of the policy makers. Are they creating a policy to benefit one segment of society over another? What groups or points of view are influencing their judgment? All policies have consequences. That is, something will happen as a result of the policy. Who will benefit from the policy? Whose interests might be harmed by the policy? Disagreements can arise about what the consequences will be and who will benefit the most. Others worry that a policy might have consequences that are difficult to predict and might end up doing more harm than good. On some issues, agreement about policies is difficult or impossible. In the pre-civil War years, America was deeply divided on the issue of slavery and its expansion into new states and territories. Congress and various presidents all tried to establish policies that would address the issue, but none ultimately succeeded. The differences in values, principles, and interests of those opposing and supporting slavery were too great to overcome. When such a divide exists, it is difficult to create policies to resolve such an issue. For Discussion 1. What is public policy? Give an example of a public policy, tell which major groups are interested in it, and explain their positions. 2. Who makes public policy? Give an example of a process for making it. 3. How and when can citizens influence the making of public policy? 4. Why might it be difficult for people to agree on some issues of public policy? Give a modern example of a highly controversial issue of public policy. 27

28 Current Proposals on Illegal Immigration Congress is currently considering bills to address illegal immigration. The House has passed its bill. The Senate has a bill approved by the Senate Judiciary Committee, which still requires further action by the Senate. Both bills contain many similar provisions, particularly in the areas of anti-terrorism and crime prevention related to the border. But sections of the bills differ greatly. The following descriptions of the bills and their contrasting sections have been culled from news and congressional sources. House Bill 4437 This bill was sponsored by Representative F. James Sensenbrenner Jr., a Republican from Wisconsin. He is the chairman of the House Judiciary Committee. The bill had 35 co-sponsors and passed the House by a 239 to 182 vote. Two-hundred three Republicans favored the bill, and 164 Democrats voted against it. The stated purpose of the House bill is to prevent terrorism: The failure to control and to prevent illegal immigration into the United States increases the likelihood that terrorists will succeed in launching catastrophic or harmful attacks on United States soil. The major provisions of this bill include: 1. Criminal penalties. It provides for criminal penalties on undocumented workers and those who help them. It makes unlawful presence in the United States a felony. It enhances penalties for smuggling people into the United States. It also includes penalties for anyone who harbors, conceals, or shields from detection a person in the United States knowing... that such person is an alien who lacks authority to be in the United States. 2. Employer sanctions. It creates a pilot system that employers must use to verify that employees have proper documents. All employers must join the system within two years. Penalties for hiring undocumented workers are increased. 3. Increased security. It requires the building of two layers of reinforced fencing, the installation of additional physical barriers, roads, lighting, cameras, and sensors along much of the U.S.-Mexico border. It also funds thousands of new border patrol officers. 4. Guest workers. It does not set up a guestworker program. Senate Judiciary Committee Bill This bill was sponsored by the Senator Arlen Specter, a Republican from Pennsylvania. He is the chairman of the Senate Judiciary Committee. The Judiciary Committee approved the bill by a vote of Four Republicans and eight Democrats supported it. The stated purpose of this bill is to improve border security and provide a comprehensive plan to address illegal immigration. 28

29 The major provisions of this bill include: 1. Criminal penalties. It makes clear that unlawful presence is not a felony. People who give humanitarian aid to undocumented workers may not be prosecuted for helping them. The bill strengthens penalties against smuggling. 2. Enhanced enforcement on employers. It will fund thousands of investigators to enforce laws against employing undocumented workers. The money for the investigators will come from penalties assessed against employers violating the law. A part of this bill involves creating a system for employers to check for valid Social Security numbers before employing workers. The Finance Committee is still considering this part of the bill, and it has not yet reached the floor of the Senate. 3. Increased security. It doubles the number of Border Patrol officers within five years. It will create of a fleet of robotic vehicles, cameras, and sensors to monitor the U.S.-Mexico border. 4. Guest workers. It sets up a guest-worker program. This program allows current undocumented workers to remain in the United States and apply for permanent resident status after working for six years if they pay a $1,000 fine, pay any back taxes, have no criminal record, and learn English and civics. This program also allows 400,000 more guest workers to enter each year. This bill has just reached the floor of the Senate (except for the part being considered by the Finance Committee). Before any vote is taken, the bill will be subject to amendment (as was the House bill). If a Senate bill passes, both the House and Senate bills must then go to a Conference Committee (made up of senators and members of the House). The Conference Committee will reconcile the differences in the two bill. Then it will return for a final vote in the Senate and House. If both pass it, it will go to the president, who must sign it for it to become law. For Discussion 1. What is the current status of the House and Senate bills? 2. What procedures must be completed for a new federal immigration law to be passed? A C T I V I T Y In this activity, students will meet in small groups and discuss the two proposed immigration laws. 1. As an individual, each student should do the following: a. Answer these questions and support your answers with reasons: (1) Do you think it is important for the United States to increase border security to protect against terrorism? (2) Do you think it is important to reform U.S. immigration law? b. Reread the House bill carefully. Answer these questions: (1) Which provisions do you support? Why? (2) Which provisions do you oppose? Why? c. Reread the Senate bill carefully. Answer these questions: (1) Which provisions do you support? Why? (2) Which provisions do you oppose? Why? 2. Divide the class into groups of three or four students. In each group, students should: a. Share their opinions with no comments from the other group members. b. Identify areas of agreement and disagreement. c. Prepare to report the different opinions of the group. 3. Each group should report its opinions. Hold a class discussion on the various opinions. 29

30 Options for Affecting Public Policy People in the United States have many options for making their opinions heard on issues facing the country and their communities. The First Amendment of the U.S. Constitution guarantees the rights of free speech, free press, petition, and assembly. These rights assure that political parties, interest groups, and individuals can influence the making of laws and governmental policies. The First Amendment allows peaceful methods for influencing elected representatives. Choosing the best way to influence the political process can be a challenge. Questions arise about what method would be the most effective. What benefits does a particular approach offer? What are its potential costs? Political experts and everyday people often debate these questions. Not everybody agrees. One approach to affecting public policy and opinion is by demonstrating. A demonstration can include marching, picketing, and walkouts by large numbers of people. Demonstrations have certain benefits. They can capture the attention of the news media and draw attention to the issue or cause. If large numbers of people are involved, demonstrations can show that many people have strong feelings about the issue. If demonstrations disrupt normal business, they can put pressure on officials. Demonstrations can also have a downside. If they disrupt peoples lives, they can cause resentment and alienate those who might be supportive. If they become violent, they can sway public opinion against the marchers. Because demonstrations can get so much media attention, they can solidify opposition. The recent nationwide student school walkout demonstrations against proposed changes to federal immigration law serve as an example. Supporters argued that that the demonstrations drew media coverage and focused greater public attention to the issues involved and showed that many students were strongly opposed to more restrictive immigration laws. They argued that the demonstrations showed that the young people involved were committed to their cause and exercising the rights of free expression and assembly non-violently. Critics of the demonstration argued that the walkouts were illegal and disrupted schools and the education of the youths involved. They also pointed out that some of the schools affected could lose funding because students were not in school and those students could face discipline for walking out. Some also criticized the behaviors of some the demonstrators claiming that unruly behavior and waving Mexican national flags could actually hurt the cause supported by the students. In addition to demonstrations, there are many other methods for affecting policy. As you review each of the following approaches consider its benefits and costs. For each, discuss the following questions. What is the purpose of this approach? What are some of its potential benefits? What are some of its potential costs? Under what circumstances, would this approach be appropriate and get the best results? 30

31 Letters to the Editor Almost every daily newspaper publishes letters to the editor. Many people read them. With a single letter, you can draw widespread attention to your concerns and perhaps get more support. If your letter is published, show it to other people. Photocopy it and include it with handouts, fliers, news releases, etc. Follow the paper s instructions. You can find them in the letters section, near the editorials. They will tell you where to send the letter and other requirements. Type and double-space the letter. Include your name, address, and daytime phone number. Many papers contact the sender before publishing the letter. Use To the Editor as the salutation. Keep it less than one page. Long letters are seldom printed. Editors shorten longer letters. Focus on one issue only. Get to the point. Say why you re writing. State your opinion and the reasons that support it. If you have a solution, include it as a suggestion. Make it stand out. Your letter will have a greater chance of being published. What makes a letter stand out? It might be interesting, have a good argument, use language well, be funny, etc. Include your age if this will help your letter stand out. Letters to Officials Most people in power keep close track of letters written by the public. It s one of the ways they gauge public opinion. Although a U.S. senator, a CEO, or the head of a non-profit may not personally read your letter, he or she has assistants who read letters and tally opinions. Your letter will be read, and it probably will be answered. Tell who you are. Give your name, address, and who you are. The people who read your letter want to know who you are, why you care, and how to reach you. Focus on one issue. Don t try to fight crime, air pollution, and unemployment all in one letter. Keep it short and simple. State your ideas in the first paragraph. Get your idea across in a page or less. People who read a lot of letters don t have much time. Be polite. You can disagree, but never threaten or insult in a letter. Let your ideas do the talking. Include supporting material. If you have any newspaper articles, letters to the editor, or other written material supporting your position, include it. 31

32 Letter-Writing Campaigns If politicians and corporations pay attention to one letter, think of what many letters can do. Get permission to set up a card table in the mall and ask passersby to write letters. Hang a poster telling what you re doing. You can hand out leaflets, talk to people, and get those interested to write a short letter right there. Provide clipboards to write on. You can have several people writing letters at one time. Plan your target. Who should receive the letters? All the members of the city council? The members sitting on a particular committee? Just one member? Decide. Prepare a leaflet. Explain the problem. Give the address of the person to write to. Include all the information a person would need to write and mail the letter. Don t send form letters. A handwritten letter shows that a person really cares. Some groups organizing letter-writing campaigns at malls often use a variety of pens and paper and envelopes. That way all the letters look different. Get people s names, addresses, and phone numbers. People who write letters care about your problem. They are potential supporters. Ask for small contributions for stationery and postage. Petitioning A petition is like a letter with a thousand signatures. It s easier to get people to sign a petition than write a letter. Officials know this that s why they pay more attention to a letter-writing campaign. But a petition will help spread the word about your cause and your organization. Give your petition a clear, simple title. Tell what you want. Address the petition to an individual or group who can help you with your problem. Write your petition like a short letter. Briefly describe the problem, your plan, and your reasons. Provide numbered spaces for people to write their signature, address, and telephone number. The numbers will help you count the signatures you have collected. Include your group s name on the petition. Make every page a separate petition. That way more than one person can gather signatures. Also it makes it clear that people knew what they were signing. Get permission to set up a table at school or at the local mall. Be able to tell people about the problem and your strategy in clear, simple language. People will want to know more before they sign. Let people make up their own minds. Deliver your message and let your ideas speak for themselves. Get your friends to sign first. People will feel better if a lot of other people have already signed your petition. Set a deadline. Energy for the drive will last a short time. Make the drive short. You can then claim, In only a week, we collected 500 signatures. Make copies of the petition before you deliver it. You may want to contact the people who signed it. Do something special to deliver the petition. Present it at a public meeting or invite the media. 32

33 and Telephone Campaigns Politicians keep track of s and telephone calls as carefully as they do letters. A flood of phone calls or s can get a politician s attention as quickly as a stack of mail. And it s easier for most people to call or than to write a letter. Target the swing votes. Unless your supporters will call everyone, it s best to call those lawmakers who have not made up their minds. Prepare a brief message. For example, I hope you are supporting the proposed new park. It s very important for everyone in the city. Prepare a leaflet telling supporters who and how to call or . It should tell people: The name, title, phone number, and e- mail address of the official. The message to deliver. Lobbying You can work to persuade politicians to pass or oppose laws. Know your subject. Politicians hear opinions from all sides on an issue. If you only know a little, you won t get far. Learn the rules. What does it take to get a bill voted on? Ask an assistant how the legislative process works. Find allies. What organizations have the same interests as you? Convince them that you can help each other by lobbying together. Find other politicians who will support your cause. Know the opposition. Learn their arguments. You ll have to overcome them. Don t burn your bridges. The saying, Politics makes strange bedfellows, means that you might sometime need the support of someone you on occasion may consider an opponent. Don t ever take part in personal attacks. Stick to the issues. Meeting With a Lawmaker Make an appointment. You cannot expect to see a politician without an appointment. Even with one, the politician may have to leave early to vote. You may end up meeting with an assistant. Prepare points to go over. Have a short list of items to talk about. You may even give the list to the politician. Prepare your presentation. Give the politician charts, leaflets, and printed information on the subject. Give out anything that helps make your case. Stay on task. You might find the conversation drifting onto other subjects. Politely try to guide it back on course. Dress appropriately. Finish your conversation by asking for a commitment. Can we count on your support? Express thanks and send a thank-you note. No matter how it goes, thank the lawmaker for his or her time. Testifying Committees, commissions, and special panels hold hearings. You can express your opinion and show that it has community support. Find out the place, date, and time of the hearing. Ask the sponsor or your representative for this information. Be on time. Some public hearings take testimony in the order of those signing in. Fill the room with supporters. Have them bring posters, if they are allowed. But make sure your supporters do not antagonize the committee. 33

34 Conducting a Panel Discussion and Civil Conversation Panel Discussion Overview Panel Discussion and Civil Conversation activities can provide teachers and students with formats for structured discussion of controversial issues. Objectives Students will be able to: 1. Develop arguments on controversial issues. 2. Gain insights into controversial issues. 3. Express their viewpoints on controversial issues. Preparation You will need a copy of Handout A for each student. Procedure A. Focus Discussion: Ask students: What do you think were the most important issues we discussed in Current Issues of Immigration, 2006? Why? Hold a brief discussion. B. Small-Group Activity: Panel Discussion Step 1. Inform students that they are going to discuss some issues raised by. Step 2. Divide the class into groups of five or six students. Distribute Handout A Panel Discussion to each student. Review the handout. Give students time limits on the discussion and have them begin. Step 3. Call time. Call on reporters from each group to tell their answers to question #1. Repeat the process for each question. Civil Conversation Overview Controversial legal and policy issues, as they are discussed in the public arena, often lead to polarization, not understanding. This Civil Conversation activity offers an alternative. In this structured discussion method, under the guidance of a facilitator, participants are encouraged to engage intellectually with challenging materials, gain insight about their own point of view, and strive for a shared understanding of issues. Objectives Students will be able to: 1. Gain a deeper understanding of a controversial issue. 2. Identify common ground among differing views. 3. Develop speaking, listening, and analytical skills. Format Options 1. Conversations for classroom purposes should have a time limit generally ranging from 15 to 45 minutes and an additional five minutes to reflect on the effectiveness of the conversations. The reflection time is an opportunity to ask any students who have not spoken to comment on the things they have heard. Ask them who said something that gave them a new insight, that they agreed with, or disagreed with. 2. A large-group conversation requires that all students sit in a circle or, if the group is too large, pair the students so that there is an inner and outer circle with students able to move back and forth into the inner circle if they have something to add. 3. Small-group conversation can be structured either with a small group discussing in the middle of the class fish bowl style or simultaneously with different leaders in each group. 34

35 Preparation You will need a copy of Handout B for each student. Procedure A. Introduction: Briefly overview the purpose and rationale of the Civil Conversation activity. Distribute copies of Handout B Civil Conversation. Review the rules. B. Reading Guide: The Civil Conversation can be used with a news article or other reading you select. Have students working in pairs complete the reading by following the instructions and responding to the questions in the Civil Conversation Reading Guide. C. Conducting the Activity Step 1. Select one of the formats and time frames from above and arrange the class accordingly. Step 2. If selecting the large-group format, the teacher leads the discussion using the procedures from below. If using a smallgroup format, write the following procedures on the board and review them with the class. Then select co-conversation leaders for each group. Leader s Instructions Begin the conversation, by asking every member of the group to respond to questions 3 and 4 of the Reading Guide. Members should not just repeat what others say. Then ask the entire group to respond question 5 and jot down the issues raised. Continue the conversation by discussing the questions raised. Step 3. Debrief the activity by having the class reflect on the effectiveness of the conversation. Begin by asking students to return to the Reading Guide and answer questions 6 and 7. Then ask: What did you learn from the Civil Conversation? What common ground did you find with other members of the group? Then ask students who were not active in the conversation to comment on the things they learned or observed. Conclude the debriefing by asking all participants to suggest ways in which the conversation could be improved. If appropriate, have students add the suggestions to their list of conversation rules. 35

36 Panel Discussion Handout A As a final activity, the class will discuss in groups some of the issues raised by Current Issues of Immigration, In your group, do the following: 1. Decide on roles for group members. Select who will be... Discussion leader leads the discussions. Recorder takes notes on the discussions. Reporter reports the discussions to the class. Timekeeper keeps track of time for the group. Task master makes sure the group follows the discussion rules below. 2. Discuss each question below fully. 3. Prepare to report your discussion to the class. All members should help the recorder prepare. # Discussion Question 1 What is the status of immigration policy in America today? What do you think are the most important issues associated with current 2 immigration policy in America today? 3 What do you think should be done to address these issues? Discussion Rules 1. Everyone should participate in the discussion. 2. Listen carefully to what others are saying. 3. Ask clarifying questions if you do not understand a point raised. 4. Be respectful of what others are saying. 5. Focus on ideas, not personalities. 36