Latinos account for 56% of the nation’s growth in the past decade.[1] Latinos are currently 16.3% of the total US population, surpassing the number of African Americans. In the last decade, The Latino Population in Georgia has grown nearly 300%[2]. Latinos are also projected to be the ethnic majority by 2050. With radical growth like this, it is important that we address immigration and the best ways to reform the system.
The federal government’s current policies have not been helping the problems with our current immigration system. According to the American Immigration Lawyers Association (AILA), some methods do not work and any organization in support of comprehensive immigration reform should not back them[3]. The methods in question are outlined below. There are various methods that do not work and methods that would help significantly cut down on the number of cases of unauthorized immigration.
These are the methods that have been proven not to work.
Emphasis on Border and Interior Enforcement/ State and Local Authority to Enforce Immigration Law/ Punitive Enforcement Approaches
According to Tom Berry, of the International Policy Report, the “Immigration Crackdown” has gone the way of the War on Crime and the War on drugs.[4] It has shown little success in all the years it has been implemented. Having people on the ground and building “fences” also hasn’t worked. People are still crossing the US/ Mexico and the US/ Canada borders daily. Underground tunnels have been found, smuggling rings has been uncovered, and there have been repeat “offenders”. According to the AILA, this is an expensive method, which does not address the problems, but worsens them. Cornell University’s Michael Jones- Correa looks at the dehumanizing aspects[5]. It forces undocumented immigrants to live underground. They are in constant fear for their lives and belongings. That is no way to live.
Georgia’s immigration law, as well as ones enacted in Arizona, Alabama and Utah have all impacted their local economies in a negative manner. This can be seen in the price of goods like peanut butter.[6] GAHB87, Georgia’s immigration bill has been called “One of the Toughest Immigration Policies in the country”.[7] These pieces of legislation also create an environment for civil rights to be violated and create a culture of racial profiling in an already flawed legal system. This is also expensive for both the state and federal government.
Mandatory Employment Verification
While most people agree that this is not necessarily a bad proposal, the way that it has been implemented is severely flawed. The information is not current, it lacks the necessary funding, and it has unintended consequences. Consequences such of violations of civil liberties, underground economies (causing losses in tax revenue) and it adds to a business’ expenses, which will not encourage job creation in an already bad economy. The CATO institute found the restrictive immigration measures harm countries fiscal health. The study, which was published in the Wall Street Journal, found that “Increased enforcement and reduced low-skilled immigration have a significant negative impact on the income of U.S. households”[8]
Limits on the Opportunity for a Fair Hearing and Due Process
According to the AILA, Individuals brought before the court have little to no opportunity to get justice. This undermines everything that America claims to stand for. There was a case recently where a young girl was deported to Colombia and she was an American citizen.[9] There was no appeals process and all decisions made by one person were final. Allowing an appeals process would cut down on mistaken deportations and the potential suits that could follow.
Attacks on the 14th Amendment and English Only Proposals
Some members of congress have gone further than just wanting to remove people. They also want to restrict the ways that they can achieve citizenship and the ways they can communicate. Senator Lindsay Graham of South Carolina proposed a constitutional amendment that would revoke parts of the 14th amendment. The idea is that it will prevent undocumented persons from circumventing immigration laws. The 14th amendment was adopted following the civil war and the Citizenship Clause of the 14th Amendment guarantees that all those born under US jurisdiction are granted the rights and privileges of citizenship. Tampering with this portion of the Amendment could have horrible consequences, not just for immigrant populations, but also ethnic minorities in the United States. English Only propositions have been found in violation of the 14th amendment and it can lead to a number of public safety and public health issues. Restricting American’s rights and liberties is never the way to go.
Restrictions on Legal Immigration That Hurt Families
A large part of the immigration problem is the backlog of visa applications. People are waiting 10 to 20 years to be reunited with their closet family members. While workers account for a significant proportion of unauthorized immigration, Family accounts for a significant proportion as well. Restricting legal venues for families will exacerbate the problem and cause further deterioration of the already broken immigration system.
Restrictions on Immigrants’ Access to Public Services and Benefits
AILA has said that bills directed at restricting eligibility for public services and benefits are a waste. The Earned Income Tax Credit and Social Security a few programs that immigrants already are not eligible for. Legislation to further restrict programs such as these will cause many deserving people to lose out on those benefits because they don’t meet the new criteria.
Many of the proposed methods for fixing the problem with immigration not only causes more problems within the system but it also causes problems with non-immigrants and their access to benefits and freedoms here in their home country.
These are the proposals that many people agree should be a part of and reform bills passed.
Pathway to Citizenship
Before being able to tackle the problem of new immigrants, we have to deal with those who are already here. Pathway programs, such as the DREAM act, can provide a way for undocumented immigrants to legalize their status without fear of deportation. It will allow them the opportunity to make a better life here provided that they have stayed within the bounds of all other laws. Pathway programs should not be considered amnesty. It will not encourage people to continue to enter the country without authorization. It will simply deal with those who are already here in a way that is more fiscally responsible than mass deportation. The President recently signed an executive order that halts deportations for young people. Deferred action allows for people who arrived in the United States as children ( before the age of 16) and are under the age of 31 to apply for deferred action for two years. It allows them to live without fear, and can even allow for work authorization given that they meet certain criteria. This program is in place in lieu of the DREAM act or Comprehensive Immigration reform.
Channels for Workers
Comprehensive immigration reform should open more channels for workers and for employers who are seeking workers. The AILA has in the past established that immigrant workers are not taking jobs from American workers. More often than not, they are filling the void in unskilled and low skilled labor markets. There was recently a story on WSB-TV’s evening news broadcast about onion farms not having enough workers to harvest their crops. While guest worker programs are helpful, there should also be avenues for workers to come on a permanent basis, which will also give them a path to permanent residency and eventually citizenship. All legislation in regards to immigrant workers should provide for workers rights as well. The number of people who are mistreated by employers is staggering.
More Avenues for Families
Immigration over the years has typically been characterized by two waves. The first wave is typically the workers. They come without their families to earn a living and build a life here. Later they send for their families, which is the second wave. People send for parents and spouses and children and even siblings and they have to wait long periods of time before being reunited. This should be addressed in any future immigration reform legislation.
Border Security
While solely focusing attention on enforcement is a recipe for failure, enforcement is a pivotal part or keeping our borders safe. Border patrols will no longer have to look out for people who mean us no harm. They can spend time looking for drug traffickers and potential terror threats. Once we provide more legal avenues for entry, there will be fewer human smugglers and fewer people making a living forging paper work. Law enforcement can spend time protecting us for harm rather than enforcing antiquated inefficient laws.
[1] D’ Vera Cohn, Mark Hugo Lopez, Jeffery Passel Census 2010: 50 Million Latinos “Hispanics Account for more than half of nation’s growth in past decade” http://www.pewhispanic.org/2011/03/24/hispanics-account-for-more-than-half-of-nations-growth-in-past-decade/
[2] “Hispanicfactsheet.pdf”, n.d. http://www.georgiasbdc.org/pdfs/hispanicfactsheet.pdf.
[3] American immigration Lawyers Association. AILA’s Immigration Resources for the 112th Congress., 2010. http://www.aila.org/content/default.aspx?docid=31528.
[4] Berry, Tom. “Immigration Crackdown Joins Failed Crime and Drug Wars.” Center for Internationla Policy, n.d.
[5] Michael Jones Correa Immigration Enforcement and Its Effects on Latino Lives in Two Rural North Carolina Communities, n.d. http://ebookbrowse.com/correa-enforcement-effects-in-nc-11-02-pdf-d79255295.
[6] Pless, Delia. “Alabama Can’t Find Anyone to Fill the Jobs of the Immigrants They Kicked Out.”
[7] Redmon, Jeremy. “Governor Signs Arizona-style Immigration Bill into Law.” Atlanta Journal Constitution. Atlanta, Georgia, May 13, 2011. http://www.ajc.com/news/georgia-politics-elections/governor-signs-arizona-style-944703.html?printArticle=y.
[8] “Immigration Out of Sight.” Wall Street Journal, August 19, 2009, sec. Review & Outlook. http://online.wsj.com/article/SB10001424052970204409904574350541813512588.html.
[9] “Colombia: Texas Teen Mistakenly Deported Will Be Handed over to U.S. Officials.” CNN, n.d. http://articles.cnn.com/2012-01-05/us/us_texas-colombia-teen_1_colombian-authorities-bogota-words?_s=PM:US.
Related articles
- The Latino Electorate And Their Rising Influence (21border.com)
- Poll: Immigration reform now top issue for Latinos, path to citizenship vital to winning their support (nbclatino.com)
- Latino experts see possibilities, pitfalls in immigration reform effort (suntimes.com)
- Jeb Bush immigration comments spark uproar (politico.com)
- Hispanic Voters Stand Ready to Reward, Punish: Poll (hispanicbusiness.com)
- What the right wing is saying about immigration reform (voxxi.com)
- Will Obama’s Immigration Reform Help Undocumented Workers? (prweb.com)
- Latino civic engagement key to achieve commonsense immigration reform (voxxi.com)
- Jeb Bush rejects path to citizenship, says immigrants don’t want it (voxxi.com)

Leave a comment