EXPLANATION OF THE PROBLEM

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1 IMMIGRATION REFORM By ImeIme Umana INTRODUCTION United States immigration policy has dominated American political debate for decades. Legislators face a difficult challenge appreciating the need to maintain global competitiveness by allowing elite foreign talent into the country while balancing the need to reduce illegal immigration and keep the US borders secure. Beyond being a balancing act, immigration policy is often complicated because it must address many moving parts. For example, the process of applying for a visa, allowing an individual to reside in the US for a specific period of time, has become increasingly bureaucratic. The US Citizenship and Immigration Services requires that the length of time applicants must wait before receiving an immigrant visa or adjusting status is dependent on the demand for and supply of immigrant visa numbers, per-country visa limitations, and the number of visas allocated for each particular preference category. In 2012, there were 1,316,118 visas applicant from Mexico while there was a limit of 47,250 for the entire country. Many policymakers seek to address this issue of a broken visa application process. Others might focus on another important part of immigration reform such as the effects of immigration on the US labor market, by advocating for employer sanctions that might deter future unauthorized immigration. The immigration debate extends beyond policy makers. Public opinion is most often in support of immigration reform when it is evident to most Americans that the current system is broken or unjust. Take for instance, the Immigration and Nationality Act of The act was amended in 1965 coinciding with the civil rights movement to eliminate biases in the law that favored European immigrants. About 15 years later, Congress enacted refugee and asylum provisions that brought the US into compliance with international standards of refugee protection. This occurred immediately following the refugee crises instigated by the Vietnam War. Americans commitment to social change charges politicians with a humanitarian and political imperative to resolve the legal status of the roughly 11 million unauthorized immigrants in the US. Former President George W. Bush commented on the immigration debate in a recent ABC news interview stating it s very important to fix a broken system, to treat people with respect and have confidence in our capacity to assimilate people. He went on to say, It s a very difficult bill to pass because there are a lot of moving parts. And the legislative process can be ugly. EXPLANATION OF THE PROBLEM Historical Background The US has a lengthy history of laws relating to immigration and naturalization beginning with the Naturalization Act of

2 This law limited naturalization to white people of upstanding moral character of whom not only resided in the country for two year, but also kept their current state of residence for a year. This notion of citizenship became more inclusive in 1868 with the passage of the Fourteenth Amendment. The Amendment states that all persons born in the US are citizens this includes children born in the US even if their parents were not. This Amendment gave way to a wave of immigration laws at the end of the 19 th century, with varying levels of stringency. Immigration and Race in the 19 th Century In 1870 Congress broadened naturalization laws, allowing African-Americans the right to become naturalized citizens. Asian Americans, however, did not receive this right until many years later. Widespread xenophobia from an influx of Asians in the late 19 th century prompted Congress to pass the Chinese Exclusion Act, which instituted a 10-year moratorium on Chinese labor immigration. This was the first time a federal law was passed barring entry of an ethnic working group on the grounds that it endangered the good order of certain localities. When the exclusion act expired in 1892, Congress extended it for 10 years in the form of the Geary Act. This extension, made permanent in 1902, added restrictions by requiring each resident to register and obtain a certificate of residence. Without a certificate, she or he faced deportation. The Immigration and Nationality Act of 1952 The Immigration and Nationality Act (INA) was created in This 1952 act is also known as the McCarran-Walter Act, named after the bill's sponsors: Senator Pat McCarran (D-NV), and Congressman Francis Walter (D-PA). Prior to this bill s passage, a variety of statutes governed immigration law but were not consolidated in one central location. The INA collected and codified many existing provisions and reorganized the structure of immigration law. While the Act has been amended many times over the years, it is still the foundation for immigration law today. The act was most notable because it eliminated racial restrictions and gender discrimination, though the policy of restricting immigrants from certain countries remained. The act did changed the quota formula by introducing selective immigration, with the new quota formula providing preference to aliens with much-needed skills and relatives of US citizens and alien residents. It also introduced a reporting system whereby all US aliens were required to report their current address to the INS each year. Controversially, the act established a central index of aliens in the US for use by security and enforcement agencies. President Truman was concerned about the decisions to maintain a quota system based on national origins. He also disagreed with establishing racially constructed quotas for Asian nations. In light of the discriminatory laws, President Truman vetoed the act, but the law had enough support in Congress to pass over his veto. 9/11 and Immigration Reform In early September of 2001, new immigration reform laws were on the horizon. President George W. Bush and Mexican President Vicente Fox were making plans for a new temporary worker program and other immigration reforms. They were compelled by a booming economy, efforts to build a stronger partnership with Mexico, and a rise in unauthorized immigration. However, following the September 11 th tragedy, this initiative fell by the wayside. In fact, the terrorist attacks prompted policymakesrs to adopt enhanced national security and anti- 2 IMMIGRATION REFORM

3 terrorism laws. Many of these laws attempted to regulate possible threats to the country through restrictions on immigration. During this time, Congress passed a series of tough measures to tighten border security and facilitate data collection and information sharing on suspected terrorist, and broadened the government's power to detain immigrants. Recent Developments Today we face unprecedented spending on immigration enforcement, an extraordinary rise in deportations, and the passage of state anti-immigrant law. It s too often that we hear anecdotes of separated families, student deportation and discrimination. In 2012, voters expressed frustration with enforcement-only immigration policies and the senseless heartache they caused. Presidential candidates adjusted their campaigns to respond to these issues. While campaigning for office in June 2012, President Obama experienced a huge spike in Latino support upon his announcement of Deferred Action for Childhood Arrivals (DACA), which allows immigration enforcement entities to practice prosecutorial discretion towards some individuals who immigrated illegally to the United States as children. Lake/Tarrance, a bipartisan organization, conducted a public opinion poll of voter the day before the 2012 presidential election. They found that the 57% of Americans supported immigration reform, with 26% opposing it. Supporters included 75% of Democrats, 60% of independents, 35% of Republicans, 66% of African-American voters and 52% of white voters. Congressional Action S 1033: Secure America and Orderly Immigration Act Earnest bipartisan efforts to achieve a comprehensive immigration reform package began in Senators Edward M. Kennedy (D-MA) and John McCain (R-AZ) and Reps. Luis Gutierrez (D-IL) and Jeff Flake (R-AZ) led the Secure America and Orderly Immigration Act, better known as the McCain- Kennedy Bill. This legislation incorporated immigrant legalization, guest worker programs, and border enforcement components. Specifically, it required the Secretary of Homeland Security to develop and implement a National Strategy for Border Security and other specified border security programs. The bill authorized the Secretary to establish a Border Security Advisory Committee. Additionally, this bill required the Secretary of State to provide a framework for security coordination between the governments of North America. The bill s most controversial component was the provision was the that undocumented immigrants could simply pay a fine and apply for a H-5B visa, allowing them to work in the United States for six years prior to applying for citizenship. Although the bill was never voted on, it was crucial in laying the groundwork for future immigration bills. S 2611: Comprehensive Immigration Reform Act of 2006 The Comprehensive Immigration Reform Act (CIRCA) was a Senate Bill introduced in April The bill addressed undocumented immigrants that have been in the US for a long time and those who recently immigrated. It specified that undocumented immigrants who have been in the United States between two and five years would be allowed to stay in the country as long as they apply for citizenship after their third year in the United States. Additionally, this bill would have allowed undocumented immigrants who have been in the United States for more than five years to apply for citizenship provided they pay an estimated $2,000 fine. Undocumented immigrants who eventually did attain IMMIGRATION REFORM 3

4 citizenship would be able to receive government benefits such as Social Security, under this bill. CIRCA 2006 called for the construction of a 370-mile fence along the United States- Mexico border. Further, the Secretary of Homeland Security would be responsible for increasing the number of full-time active duty Border Patrol agents and maintaining temporary or permanent checkpoints on roadways in border patrol sectors located near the US-Mexico border. This 2006 Senate bill did not pass in the House of Representatives. S 1348: Comprehensive Immigration Reform Bill of 2007 The CIRA bill of 2007 received harsh criticism by both Democrats and Republicans in the House and Senate. This was largely due in part to the bill s attempt to appease both opponents and supporters of immigrant rights. Although the bill provided a path to citizenship for undocumented immigrants, it added 20,000 Border Patrol agents and increased border technology to better detect people trying to cross the border illegally. It also sought to limit chain migration, by capping the amount of immigrant visas for parents of adult US citizens at 40,000 a year and the number for spouses and children of immigrants at 87,000 a year. S 744: Border Security, Economic Opportunity, and Immigration Modernization Act The Border Security, Economic Opportunity, and Immigration Modernization Act, is a broad-based proposal for reforming the US immigration system. It was written in the spring of 2013 by a bipartisan group of eight US Senators, better known as the Gang of Eight. They include Senators Charles Schumer (D-NY), John McCain (R-AZ), Richard Durbin (D-IL), Lindsey Graham (R- SC), Robert Menendez (D-NJ), Marco Rubio (R-FL), Michael Bennet (D-CO), and Jeff Flake (R-AZ). The bill encompasses a range of aspects on the immigration process such as border enforcement, guest workers and legal immigration reforms. Specifically, it modifies the family and employment-based visa categories for immigrants, provides dueprocess protections, increases the availability of nonimmigrant workers to supplement all sectors of the workforce, and provides legal status to millions of undocumented immigrants already within the United States. FOCUS OF THE DEBATE While there is much consensus around the fact that illegal immigration is a problem, the challenge is finding a solution. A sustainable proposal for immigration reform simultaneously discourages illegal entry, provides support and hospitality to new immigrants, considers the impact on employers, respects native wages and working conditions, and puts forth a just amnesty policy. In addition, all of this must be done while pursuing the foreign policy interests of the nation. Conservative View Conservative Americans support legal immigration, and oppose amnesty for those who enter the US illegally. Generally speaking, they believe that those who break the law by entering the US illegally do not have the same rights as those who obey the law and enter legally. They feel the federal government must first secure the borders the problem of illegal immigration before pursuing further reform options. Ross Douthat recently wrote in the New York Times about the conservative take on immigration. He explains that conservatives don t want a society that welcomes as many 4 IMMIGRATION REFORM

5 immigrants as there are who want to come, which would expands the welfare state. Instead, conservatives want a society that maintains America s historical balance between limited government and egalitarian arrangements of wealth, property and opportunity. Conservatives believe that America s historical balance between liberty and opportunity is a precious and fragile historical achievement. They therefore advocate for admitting new Americans with desirable skills at a somewhat slow pace. Liberal View Like conservatives, liberals support legal immigration. They, however, also support amnesty for those who enter the US illegally. They generally believe that undocumented immigrants have a right to the educational and health benefits that citizens receive, such as financial aid, welfare, social security and Medicaid. Liberals believe it is unfair and largely impractical to arrest millions of undocumented immigrants. Liberals support comprehensive reform grounded in the principles of responsibility and accountability. Specifically, they believe in the need for responsibility from the federal government to secure our border, responsibility from unscrupulous businesses that break the law, and responsibility from people who are living in the United States illegally. Liberals remain steadfast in reminding policymakers that comprehensive immigration reform is essential to continue the tradition of innovation that immigrants have brought to the American economy and to ensure a level playing field for American workers. Presidential View President Obama acknowledges that America s immigration system is broken. The fundamental problem is two-fold too many employers game the system by hiring undocumented workers, and there are 11 million people living in the shadows. The president wants to holds undocumented immigrants accountable by requiring they pass background checks, pay taxes and a penalty, go to the back of the line, and learn English. President Obama also wants to streamline the Legal immigration system so that it is simple and efficient. The president s proposal provides visas to foreign entrepreneurs looking to start businesses here, and helps promising foreign graduate students in this country after graduation. With respect to border security, the President s proposes giving law enforcement the tools they need to make our communities safer from crime, enhances our infrastructure and technology, and strengthens our ability to remove criminals and apprehend and prosecute threats to our national security. Interest Group Perspectives American Civil Liberties Union The American Civil Liberty Union (ACLU) is a nonpartisan non-profit organization devoted to defending the individual rights and liberties guaranteed to every person in the U.S. by the Constitution. They ve insisted that immigration reform must create a welcoming roadmap to citizenship for aspiring Americans living in and contributing to the US. Further, it must transform border enforcement, which has grown wastefully and abusively without regard to genuine public safety needs. The ACLU seeks to ensure that immigration communities aren t further marginalized. They urge for immigration reform to include the ability of committed and loving couples in same-sex relationships to sponsor their spouse or permanent-partner in the same way opposite-sex couples have long been able to under current immigration law. IMMIGRATION REFORM 5

6 Additionally, immigration reform must end state and local intrusions into immigration policy and enforcement, as well as ban racial profiling at all levels of government. Council on Foreign Relations The Council on Foreign Relations (CFR) is an independent, nonpartisan think tank founded in On the subject of immigration reform, CFR argued for proper accounting at the border, as well as for policy that attracts and retains skilled immigrants, particularly those coming to American universities, as U.S. universities continue to attract the best students from all over the world. CFR urged Congress to pass immigration policy that discourages employers and employees from operating outside the legal system and that levies significant penalties against those who violate the rules. CATO The CATO Institute is a libertarian think tank dedicated to the principles of individual liberty, limited government, free markets and peace. CATO believes that the overriding impact of immigrants is to strengthen and enrich American culture, increase the total output of the economy, and raise the standard of living of American citizens. Therefore, it acknowledges that immigrants are advantageous to the United States for a variety of reasons. By taking a risk and coming to the U.S., immigrants are self-selected on the basis on motivation, risk taking, work ethic, and other admirable attributes. Given that the average age for immigrants is 28, they can contribute to the workforce and make huge net contributions to old-age entitlement programs, such as Social Security. In terms of the labor market, immigrants tend to fill niches where demand is highest relative to supply, complementing rather than directly competing with American workers. Further, many immigrants arrive with extremely high skill level or at least a strong desire to work. CATO believes that there are three components that should be included in any immigration reform effort. It must first include a robust guest worker program for nonagricultural workers. There should also be policies that welcome all highly skilled immigrants. Lastly, there should be an understanding that enforcement first is a copout. POSSIBLE SOLUTIONS Comprehensive Immigration Reform Comprehensive immigration plans must address multiple aspects of the broken immigration system. Comprehensive proposals might include increased border enforcement, instituted verification requirements for employers to ensure they are not hiring unauthorized workers, increased visas for high-skilled workers, and provided legalization for the undocumented immigrants here now. This is much different than narrower legalization proposals that have focused on undocumented students such as the DREAM Act, or AgJobs for farmworkers. Specific Reform for Subpopulations Another solution to fixing the immigration issue is crafting narrow legislation that target a specific subpopulation. For example, Senators may want to create legislation that specifically targets students, industry worker, or farmers. In 2001 the DREAM Act was introduced in the Senate. This bipartisan legislation pioneered by Sen. Orin Hatch (R-UT) and Sen. Richard Durbin (D-IL) allowed qualifying undocumented youth to be eligible for a 6 year long conditional path to citizenship that requires completion of a college degree or two years of military service. 6 IMMIGRATION REFORM

7 Similarly, in 2007 AgJOBS, the Agricultural Job Opportunities, Benefits and Security Act, was a proposed immigration law that would provide agricultural employers with a stable, legal labor force while protecting farmworkers from exploitative working conditions. QUESTIONS FOR POLICYMAKERS Senators should ask themselves several questions as they consider legislation addressing immigration reform. Will this bill provide reform for a specific subpopulation or will it be a comprehensive plan? Will it strike a balance between handling undocumented workers already here and preventing more from coming in the future? Does it provide necessary funding and enforcement provisions to solve the problem? These questions, among others, should be at the forefront of the debate as Senators craft legislation. CONCLUSION Immigration reform is one of the most important aspects of American politics. It is your job to educate yourself on the specifics of current the Immigration system in order to think of a creative solution. You solution may address a specific subpopulation such as students or farmer, or it might comprehensively address all component of immigration reform. GUIDE TO FURTHER RESEARCH The Immigration Policy Center (IPC) is a great resource to learn more about the US immigration system. IPC's mission is to shape a productive conversation on immigration and immigrant integration. Through research and analysis, IPC provides policymakers, the media, and the general public with accurate information about the role of immigrants and immigration policy on US society. Here is an interactive immigration explorer from the New York Time, which is a valuable resource as Senators prepare for the conference. Above all, Senators should arrive at the conference with a solid understanding of the issues with the current system, and possible solutions for improving it. GLOSSARY AgJOBS a bipartisan, compromise bill that is the result of years of negotiations among farmworkers, growers, and Members of Congress. amnesty forgiveness for past crimes DREAM Act Development, Relief, and Education for Alien Minors; a bill that would allow minors present illegally a path to citizenship through a college education or by serving in the military green card Permanent Resident card; a US visa that allows a person to legally immigrate to the US INS Immigration and Naturalization Service; a federal agency that administrated and regulated immigration and naturalization policy; it ceased to exist in 2003 visa an endorsement on a passport indicating that the holder is allowed to enter, leave, or stay for a specified period of time in a country. BIBLIOGRAPHY "Creating an Immigration System for the 21st Century." Immigration. < on>. IMMIGRATION REFORM 7

8 "Immigration Policy Center." Immigration Policy Center. < "Immigration Reform America's Voice." Immigration Reform Americas Voice RSS. < Murphy, Laura W., and Joanne Lin. "House Judiciary Committee Hearing on America's Immigration System: Opportunities for Legal Immigration and Enforcement of Laws against Illegal Immigration." Letter. 4 Feb ACLU. < nt_for_house_judiciary_committee_hearing_o n_americas_immigration_system_final.pdf>. "S (109th): Secure America and Orderly Immigration Act." GovTrack.us. < 033>. "Trade and Immigration." Cato Institute. < US News. U.S.News & World Report. < ocpages/document_page47.htm>. USCIS Home Page. < 8 IMMIGRATION REFORM