American attitudes on immigration reform, worker protections, due process, and border enforcement

Opinion Research Strategic Communication American attitudes on immigration reform, worker protections, due process, and border enforcement Analysis of a survey of 1,000 registered voters nationally April 2013 Introduction The March 2013 Belden Russonello Strategists immigration reform survey goes beyond reporting the well- known public support for a path to citizenship, strong border enforcement, employment verification and deportation of immigrants with criminal records. The BRS data show that Republicans, Democrats and independents alike overwhelmingly support stronger safeguards in the federal employment database and stricter enforcement of wage and safety standards, favor giving higher priority to stopping drugs and weapons from crossing the border than to stopping people, and support giving judges the opportunity to weigh the circumstances of an illegal immigrant s case before ordering deportation, even when the immigrant has a criminal record. The survey was conducted by telephone interviews among 1,000 registered voters from March 15-27, 2013, including an oversample of 100 Latinos. The margin of sampling error for a study of this size is ± 3.1 percentage points at the 95% confidence level. The sampling error is larger for subgroups within the population. www.brspoll.com 1320-19th Street, Suite 620, Washington DC 20036 202.822.6090

Page 2 Findings A. Overall support for reform Two- thirds of voters (68%) say the U.S. government should provide illegal immigrants in the U.S. a quarter (25%) says When asked about a series of proposals that could be included in immigration reform, over seven in ten (73%) support most immigrants who are in this country illegally to stay, apply for legal status, and 36% who strongly support it. Support for a path to citizenship crosses party lines (88% of Democrats, 72% of independents, and 60% of Republicans support). B. Criminal and due process issues 1. Voters support deporting immigrants who commit crimes, but believe that the process should include judicial review. Three- quarters (75 deport illegal including a majority who strongly supports it (60%). At the same time, however, voters say a judge should be able to consider the seriousness of each crime and other circumstances of the case before deciding whether any given individual should be deported, and this is true regardless of whether the immigrant was authorized to be in the U.S. Eight in ten voters (80%) including 90% of Democrats, 83% of independents, and 68% of Republicans say that if a lawful permanent resident or other legal immigrant allowed to consider the seriousness of the crime and other circumstances of the case and decide whether to deport the person, only 18% say the immigrant should Fewer, but still a majority (61%), say that if an illegal immigrant has previously been convicted of a crime, a judge should be allowed to consider the seriousness of the crime and other circumstances of the case and decide whether the person can stay and apply for legal status, 38% say the immigrant should always be deported with no exceptions. Support is stronger among Democrats (72%), but majorities of independents (56%) and Republicans (52%) concur as well.

Page 3 2. Majorities of voters would allow judges to consider a range of factors before deportation. Voters say judges should be able to consider the seriousness of the crime as well as other factors related to the case before deciding whether to deport an immigrant who committed a crime. Majorities say judges should be able to consider each of the following regardless of the status of the immigrant, though for each factor the majority saying a judge should be able to consider it is larger for legal immigrants: 88% say a judge should be able to consider for a legal immigrant, 79% for illegal); 67% for legal, 61% for illegal); 63% for legal, 57% for illegal); 66% for legal, 64% for illegal); and 62% for legal, 54% for illegal). Majorities of Democrats, Republicans and independents would allow judges to consider the seriousness of the crime and whether the crime was committed as a minor, regardless of the There are some differences by party, however, when voters consider how long ago the crime was committed, how long the immigrant has lived in the U.S., and whether the immigrant has children who are U.S. citizens. See tables for full details. 3. Most would limit the amount of time immigrants can be held without seeing a judge and allow legal representation for deportation cases. Voters support other due process protections for immigrants as well. Nine in ten (91 6% say immigration Nine in ten, regardless of party, say there should be a time limit (D: 94%, R: 88%, I: 93%). Three- quarters (76%) support making sure immigrants can have legal representation if (D: 87%, R: 67%, I: 73%).

Page 4 C. Employment verification and worker protections 1. Support for electronic employment verification is strong, and support for checks on the database is nearly universal. Voters strongly support requiring that employers check the status of new hires against a federal electronic database. Almost nine in ten (88%) require all employers to check the immigration status of every newly hired employee against a federal electronic employment database to ensure that they have permission to work in the U.S., 70% who strongly support it. At the same time, voters want to ensure that there are strong identity theft protections and a process to correct errors in the database. Ninety- five percent support ensuring that the federal electronic employment database 87% who do so strongly. Support is equally strong among Democrats (94% support), Republicans (96%), and independents (95%). Ninety- one percent support creating a process for workers to challenge and correct errors in their federal electroni 68% strongly support it. Party has no influence on support (D: 91% support, R: 93%, I: 92%). 2. A broad majority supports stricter enforcement on wages and conditions. Nine in ten (91 hments against employers who fail to pay required wages or do not follow safety standards, 73% who support it strongly. Nine in ten Democrats (90%), Republicans (90%), and independents (95%) support stricter enforcement against employers. 3. Support for allowing those on work visas to keep their legal status if they leave their job. Nine in ten (90 permission to work in the U.S. if the immigrant is being abused or mistreated by the employer and support is strong across party lines (D: 86%, R: 90%, I: 94%). D. The border but little exploration of what that means to the public. Our study shows that voters prioritize drug and gun enforcement over stopping unauthorized crossings and support more accountability for criminal behavior from border patrol agents. Additionally, when voters are reminded of current spending cuts, they are not eager to spend more on immigration enforcement.

Page 5 1. A majority supports prioritizing drug enforcement over stopping undocumented immigrants. Over eight in ten (85%) say immigration reform should make stopping drug and weapon trafficking along the border a higher priority for border patrol t including 60% who strongly support this policy. Nine in ten Democrats (90%) and eight in ten Republicans (84%) and independents (82%) support making stopping drug and weapon trafficking a higher priority. 2. There is wide support for more accountability for border patrol. Over nine in ten voters (95%) support greater oversight and accountability for the U.S. Customs and Border Patrol agency to make sure agents follow the law and do not commit crimes such as sexual abuse, drug traffickin 85% who support this strongly. Support is strong regardless of party (D: 94% support, R: 94%, I: 97%). 3. In the context of other budget decisions, a majority does not want increased spending on immigration enforcement. A majority (60%) since the U.S. government is cutting funds from the military and education right now, it should not spend more money on immigration enforcement fewer than four in ten (35%) say instead that the U.S. government needs to spend more money on immigration enforcement on the southwest border because addressing illegal immigration is an important priority Majorities of Democrats (74%) and independents (56%) say the government should not spend more money on immigration enforcement, while Republicans are evenly split, with 47% who say the government should not spend more and 48% who say it should. In focus groups on this topic, we heard a great deal of enthusiasm for the idea of spending enforcement money more efficiently rather than adding additional resources. E. American values applied to immigration reform In addition to measuring support for particular policies that could be a part of immigration reform, the survey gauged voter reaction to a number of statements encapsulating the values and themes that make the case for a worker- centered immigration policy over an enforcement- heavy approach.

Page 6 1. When presented with a contrast between a path to citizenship and an enforcement- focused approach, voters prefer citizenship. - sense immigration system that allows people to become citizens, pay taxes, and be full contributing members of our community will do more for America than expensive and impractical approaches like (53% strongly agree). we can make the border safer if we create a common- sense immigration process that provides a way for people to come here legally, so fewer people will sneak in, and border patrol the border- first appro immigration reform and no other part of immigration reform should move forward until 2. Voters believe immigrants should have due process in deportation. Eight in ten (80%) agree that human rights, which means immigrants should not be deported without a judge being (54% strongly agree). 3. Racial profiling provokes strong objections. Eighty- three percent agree that e should not pass laws that lead to racial profiling and police harassment of people who look like they might be immigrants (64% strongly agree). 4. Voters believe all workers including immigrants deserve fair treatment in the work place. Almost nine in ten (89%) agree that immigration reform should protect the rights of both U.S.- born and immigrant workers because all workers deserve dignity and freedom from exploitation. Eight in ten (80%) agree that employers are helping U.S. workers defend workplace standards, and they should have (48% strongly agree). Three- quarters (75%) agree that if employers are allowed to get away with mistreating immigrant workers, it ends up lowering wages and hurting conditions for American (49% strongly agree).

Appendix: Crosstab Tables In reading the report, the base for each table is all respondents (n=1,000) unless otherwise noted. In reading these data, when the percent sign (%) appears at the top of a column, the numbers add vertically; when % appears at the left of a row, the numbers add horizontally. An asterisk (*) indicates less than 1%; a double hyphen (- - 100%.

Appendix: Crosstab Tables Page 1 Familiarity with Immigration Legislation in Congress Q2. Have you heard anything about legislation that Congress is considering to deal with No/nothing Just a little Some A great deal Total 29% 26 26 18 Male 24% 27 25 23 Female 32% 25 28 14 18-34 42% 26 24 8 35-54 26% 29 28 18 55+ 22% 24 27 27 White 27% 26 29 17 African American 38% 23 17 22 Latino 29% 31 17 23 Democrat 34% 24 23 19 Republican 24% 27 27 21 Independent 27% 29 29 15 Deport Illegal Immigrants or Become Legal and Opportunity to Start to Earn Citizenship Q3. Thinking about illegal immigrants who are already in the U.S., do you think the U.S. government should [ROTATE: deport them and send them back to their home countries, OR provide them the opportunity to become legal and start to earn citizenship?] WAIT FOR RESPONSE. Do you feel that way strongly or somewhat? Net deport them Net legal/ start earn citizenship Strongly deport them Somewhat deport them Somewhat legal/start earn citizenship Strongly legal/start earn citizenship Total 25% 68 17% 8 26 42 Male 26% 68 19% 7 28 40 Female 24% 68 15% 8 25 43 18-34 20% 75 8% 12 35 40 35-54 27% 64 20% 6 23 41 55+ 26% 67 20% 6 23 43 White 29% 64 20% 9 29 35 African American 10% 86 7% 3 17 69 Latino 13% 81 10% 3 18 63 Democrat 11% 84 7% 4 25 59 Republican 40% 53 28% 13 26 27 Independent 26% 65 17% 9 30 35

Appendix: Crosstab Tables Page 2 Policies: Most Immigrants Stay; Deport if Committed Crime; Legal Representation Now I am going to read you a list of policies that might be included in new immigration oppose, or strongly oppose each of these. Q4. Allow most immigrants who are in this country illegally to stay, apply for legal status, and work towards becoming citizens; Q5. Deport illegal immigrants who have committed a crime rather than allowing them to apply for legal status; Q13. Make sure that immigrants can have legal representation if they face deportation Allow illegal immigrants to stay and apply for legal status/citizenship Deport illegal immigrants who have committed crime Ensure immigrants have legal representation if face deportation Total 73% 75% 76% Male 72% 77% 74% Female 75% 73% 77% 18-34 81% 81% 89% 35-54 72% 76% 72% 55+ 71% 69% 72% White 69% 78% 72% African American 86% 56% 83% Latino 88% 69% 86% Democrat 88% 66% 87% Republican 60% 80% 67% Independent 72% 81% 73%

Appendix: Crosstab Tables Page 3 Policies: Electronic Employment Verification Now I am going to read you a list of policies that might be included in new immigration oppose, or strongly oppose each of these. Q6. Require all employers to check the immigration status of every newly hired employee against a federal electronic employment database to ensure that they have permission to work in the U.S.; Q7. Ensure that the federal electronic employment database has safeguards to protect workers from identity theft; Q8. Create a process for workers to challenge and correct errors in their federal electronic employment database records Require employers to use electronic employment database Ensure database protects workers from identify theft Create process for workers to challenge/ correct errors Total 88% 95% 91% Male 88% 96% 94% Female 89% 93% 90% 18-34 83% 97% 94% 35-54 92% 97% 94% 55+ 88% 91% 89% White 92% 96% 93% African American 85% 91% 86% Latino 69% 93% 90% Democrat 82% 94% 91% Republican 97% 96% 93% Independent 90% 95% 92%

Appendix: Crosstab Tables Page 4 Policies: Labor Enforcement Now I am going to read you a list of policies that might be included in new immigration oppose, or strongly oppose each of these. Q9. Enforce stronger punishments against employers who fail to pay required wages or do not follow safety standards; Q10. Allow a legal immigrant on a work visa to leave a job without losing permission to work in the U.S. if the immigrant is being abused or mistreated by the employer % Stronger punishments for wage, safety violations Allow legal immigrant to leave job if abused/ mistreated Total 91% 90% Male 92% 91% Female 90% 87% 18-34 91% 94% 35-54 95% 92% 55+ 88% 84% White 93% 91% African American 88% 84% Latino 86% 85% Democrat 90% 86% Republican 90% 90% Independent 95% 94%

Appendix: Crosstab Tables Page 5 Policies: Border Enforcement Now I am going to read you a list of policies that might be included in new immigration oppose, or strongly oppose each of these. Q12. Create greater oversight and accountability for the U.S. Customs and Border Patrol agency to make sure agents follow the law and do not commit crimes such as sexual abuse, drug trafficking, bribery, and human smuggling; Q11. Make stopping drug and weapon trafficking along the border a higher priority for border patrol than stopping illegal immigrants Create greater oversight and accountability for border patrol to make sure agents to not commit crimes Stopping drug/weapon trafficking higher priority for border patrol than stopping illegal immigrants Total 95% 85% Male 95% 85% Female 94% 86% 18-34 98% 84% 35-54 96% 88% 55+ 91% 84% White 95% 84% African American 91% 88% Latino 95% 91% Democrat 94% 90% Republican 94% 84% Independent 97% 82%

Appendix: Crosstab Tables Page 6 Time Limit on Holding in Jail for Immigration Violations without Seeing Judge Q14. On another topic, should there be a time limit on how long someone can be held in jail for immigration violations before they see a judge or should immigration authorities be able to hold immigrants in jail indefinitely without appearing before a judge? Time limit/allowed to see judge Hold indefinitely/without judge Total 91% 6 Male 89% 9 Female 94% 4 18-34 95% 4 35-54 91% 7 55+ 90% 7 White 91% 7 African American 93% 3 Latino 92% 4 Democrat 94% 4 Republican 88% 10 Independent 93% 6 Judge Look at Seriousness of Crime Q15a. [SPLIT SAMPLE, n=511] If a lawful permanent resident or other legal immigrant commits a crime should a judge be allowed to consider the seriousness of the crime and other circumstances of the case and decide whether to deport the person, or should that immigrant always be deported with no exceptions?; Q15b. [SPLIT SAMPLE, n=514] If an illegal immigrant has previously been convicted of a crime, should a judge be allowed to consider the seriousness of the crime and other circumstances of the case and decide whether the person can stay and apply for legal status, or should that immigrant always be deported with no exceptions? Lawful permanent resident/legal immigrant judge look at seriousness of crime/circumstances Illegal immigrant judge look at seriousness of crime/circumstances Total 80% 61% Male 81% 60% Female 80% 61% 18-34 89% 68% 35-54 77% 62% 55+ 76% 56% White 77% 57% African American 94% 69% Latino 80% 68% Democrat 90% 72% Republican 68% 52% Independent 83% 56%

Appendix: Crosstab Tables Page 7 Factors a Judge Should be Able to Consider for Legal Immigrants [INTRO, SPLIT SAMPLE A, n=500] Thinking now just about legal immigrants, please tell me in your opinion if a judge should be able to consider each of the following before deciding whether to deport a legal immigrant who committed a crime or to allow that immigrant to stay in the country. The FIRST/ NEXT one is READ TEXT. KEEP Q16a FIRST. RANDOMIZE Q17a- Q20a. Q16a. The seriousness of the crime; Q17a. Whether the crime was committed before the immigrant turned eighteen; Q19a. Whether the immigrant has children who are U.S. citizens; Q18a. How long ago the crime was committed; Q20a. How long the immigrant has lived in the United States Seriousness of the crime Crime committed before age 18 Whether has U.S. citizen children How long ago crime committed How long lived in U.S. Total 88% 67% 66% 63% 62% Male 88% 66% 64% 59% 59% Female 89% 69% 67% 66% 64% 18-34 88% 76% 70% 65% 64% 35-54 88% 65% 64% 62% 55% 55+ 90% 62% 63% 63% 67% White 88% 64% 63% 59% 57% African American 90% 83% 65% 79% 72% Latino 94% 75% 89% 76% 81% Democrat 93% 79% 79% 72% 75% Republican 82% 59% 49% 54% 50% Independent 90% 62% 66% 62% 57%

Appendix: Crosstab Tables Page 8 Factors a Judge Should be Able to Consider for Illegal Immigrants [INTRO, SPLIT SAMPLE B, n=500] Thinking now just about illegal immigrants, please tell me in your opinion if a judge should be able to consider each of the following before deciding whether to deport an illegal immigrant who committed a crime or to allow that immigrant to stay in the country. The FIRST/NEXT one is READ TEXT. KEEP Q16b FIRST. RANDOMIZE Q17b- Q20b. Q16b. The seriousness of the crime; Q19b. Whether the immigrant has children who are U.S. citizens; Q17b. Whether the crime was committed before the immigrant turned eighteen; Q18b. How long ago the crime was committed; Q20b. How long the immigrant has lived in the United States Seriousness of the crime Whether has U.S. citizen children Crime committed before age 18 How long ago crime committed How long lived in U.S. Total 79% 64% 61% 57% 54% Male 83% 65% 59% 56% 54% Female 76% 64% 63% 59% 54% 18-34 82% 79% 66% 59% 60% 35-54 79% 57% 63% 54% 47% 55+ 78% 64% 56% 61% 59% White 78% 59% 59% 53% 48% African American 80% 84% 65% 67% 68% Latino 83% 72% 65% 71% 72% Democrat 86% 79% 70% 74% 70% Republican 75% 57% 61% 47% 49% Independent 76% 53% 53% 48% 43%

Appendix: Crosstab Tables Page 9 U.S. Spend More on Enforcement Q21. Which point of view do you agree with more: The U.S. government needs to spend more money on immigration enforcement on the southwest border because addressing illegal immigration is an important priority OR Since the U.S. government is cutting funds from the military and education right now, it should not spend more money on immigration enforcement Should spend more on immigration enforcement Should not spend more DK/REF Total 35% 60 5 Male 41% 56 3 Female 30% 63 7 18-34 24% 75 1 35-54 38% 55 6 55+ 40% 54 6 White 38% 57 5 African American 29% 65 5 Latino 26% 70 4 Democrat 21% 74 5 Republican 48% 47 6 Independent 40% 56 5 Securing Border Most Important or Common- Sense Process Will Improve Border Safety Q22. Which point of view do you agree with more: Securing the border is the most important goal for immigration reform and no other part of immigration reform should move forward until the border is secure OR We can make the border safer if we create a common- sense immigration process that provides a way for people to come here legally, so fewer people will sneak in, and border patrol can focus on serious problems like drug and human trafficking. Securing border most important, nothing else until secure Common- sense immigration process so fewer sneak in Total 24% 73 Male 30% 67 Female 19% 78 18-34 13% 86 35-54 25% 72 55+ 32% 65 White 25% 72 African American 27% 73 Latino 20% 78 Democrat 16% 82 Republican 41% 56 Independent 20% 76

Appendix: Crosstab Tables Page 10 Allowing Citizenship is Better than Expensive and Impractical Enforcement Strategies Here are some statements people have made about immigration. Please tell me if you strongly agree, somewhat agree, somewhat disagree, or strongly disagree with each of these. Q23. Creating a common- sense immigration system that allows people to become citizens, pay taxes, and be full contributing members of our community will do more for America than expensive and impractical approaches like trying to deport millions of people or trying to wall off a two thousand mile border Common- sense immigration process do more for America than impractical approaches like deportation or wall off the border Total 82% Male 81% Female 84% 18-34 92% 35-54 84% 55+ 75% White 81% African American 91% Latino 89% Democrat 91% Republican 70% Independent 86%

Appendix: Crosstab Tables Page 11 Rights for U.S. and Immigrant Workers Here are some statements people have made about immigration. Please tell me if you strongly agree, somewhat agree, somewhat disagree, or strongly disagree with each of these. Q25. Immigration reform should protect the rights of both U.S.- born and immigrant workers because all workers deserve dignity and freedom from exploitation; Q28. Immigrant workers who blow the whistle on abusive employers are helping U.S. workers defend workplace standards, and they should have the opportunity to stay in the U.S. to work towards citizenship; Q24. If employers are allowed to get away with mistreating immigrant workers, it ends up lowering wages and hurting conditions for American workers as well Immigration reform protect rights of U.S.- born and immigrant workers Immigrant workers blow whistle on abusive employers help defend standards; opportunity to stay in U.S. Employers mistreat immigrants hurts conditions for all workers Total 89% 80% 75% Male 87% 79% 77% Female 90% 81% 74% 18-34 92% 86% 82% 35-54 89% 79% 74% 55+ 87% 77% 72% White 88% 78% 81% African American 94% 88% 62% Latino 92% 82% 61% Democrat 93% 89% 73% Republican 82% 70% 77% Independent 90% 79% 77%

Appendix: Crosstab Tables Page 12 Due Process and Racial Profiling Here are some statements people have made about immigration. Please tell me if you strongly agree, somewhat agree, somewhat disagree, or strongly disagree with each of these. Q27. We should not pass laws that lead to racial profiling and police harassment of people who look like they might be immigrants; Q26. We should uphold American values of due process and human rights, which means immigrants should not be deported without a judge being able to evaluate the circumstances of their case % saying Should not pass laws that lead to racial profiling and police harassment of people who look like they might be immigrants Uphold values of due process and human rights so not deported without judge being able to evaluate case Total 83% 80% Male 82% 79% Female 85% 82% 18-34 92% 87% 35-54 82% 78% 55+ 81% 79% White 83% 78% African American 92% 84% Latino 82% 90% Democrat 91% 92% Republican 76% 69% Independent 82% 77%