City University of New York



Policy Options Brief

To: The Honorable Charles Schumer and Kristen Gilliband

From: Fabian Best

Re: Flaws in Our National Immigration System

Date: March 23, 2017

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Introduction

America has long welcomed immigrants to it shores. With immigrants comprising 13.3 percent of the US population, in 2014, “A Nation of Immigrants” would be a fitting title [1]. Immigrants come to the US looking for economic opportunity, freedom, and an overall better life for their family and themselves. Many have gone to great lengths for the opportunity to work, learn and live. Our country has benefited from this influx of cultures and ethnicities and immigrant workers have made lasting contributions to this economy [2]. The current immigration system is ineffective and needs repair to better address the issues at hand.

Issues with the immigration system

The problems include illegal immigration and the conflict between state and federal law. Immigration is regulated at the federal level mainly under the rules established in 1952 with the passage of the Immigration and Nationality Act, INA. The Immigration Reform and Control Act, IRCA of 1986 was enacted to curb illegal immigration. It delayed welfare benefits to undocumented immigrants and strengthening sanctions against employers who hire them. Attempts made by the George W. Bush administration have been meet with opposition from Congress and anti-immigration groups.

There were 11.1 million unauthorized immigrants in the US in 2014 [4]. Mexicans constitute the largest unauthorized population in the US. Reasons for circumventing citizenship include lack of funds to afford a visa or unmet qualifications. Also globalizations and the US impact on Mexican resources and markets contribute as well. When faced with severe conditions such as war, famine, or poverty coupled with minimal resources for many immigrants alike, entering the US illegally is seen as a viable option. Globalization impacts countries in both negative and positive ways. The negative aspect of globalization can lead to corporatization of public goods that would only benefit a few rather than the whole [5]. As a result citizens look to new horizons in the US for better opportunities. Free-trade agreements and the NAFTA between the US and Mexico, would negatively impact the local economies of Mexico and push them further into poverty. Many families were unemployed and looked to US jobs as a means of support.

There have been many conflicts between state and federal law in terms of precedence. The US Congress has control over all immigration-related regulations, while the White House is in charge of enforcing immigration laws. The federal government’s jurisdiction over immigration law has consistently been upheld by the Supreme Court, which has overruled attempts by state legislature to single out immigrants. Additionally the Supremacy Clause of the US Constitution is generally interpreted to mean that federal laws trump state laws, except for certain matters constitutionally left to the states [6].

Nearly all of state law involving immigration is challenged either through litigation by immigrant rights and civil liberties groups or by federal government. Provisions that require proof of citizenship or legal residence, in addition to directives for law enforcement to check the immigration status of those deemed “suspicious”, have prompted lawsuits over perceived racial profiling.

Effects of the immigration system

The US citizens and its economy along with the immigrants who cross US borders are the groups affected by the immigration laws. Currently employees have vacant job positions because they are unable to find workers with skills they need [7]. This ineffective system welcomes some immigrants while blocking entry to others often with little consideration of what skills they bring or what roles they would fill the economy. At the same time many hardworking people are currently without authorization. Immigrants illegally in the US collectively contribute nearly 12 billion each year to state and local tax coffers [8]. This supports local and state economy. To add to their transcript, incarceration rates are 0.5 percent of the population, not including immigration offenses. Many of them have been in the US for years living quiet, peaceful lives with their families. Perceived of a negative impact, more Americans benefit form contributions that immigrants make to the economy, including lower consumer prices [9]. The modernization of the immigration system will be an on going process.

Options Section: Remedies for deterring illegal immigration

Due to ineffective laws and discrepancies between state and federal jurisdiction a useful solution has not been produced in many years. The options provided in this briefing cannot eradicate immigration but deter the action. They are as follows; federal law will precede over state law, naturalization and work permits probation, increased implementation of the concept of the E-verify system and a revamped version of Canada’s guest program. These options compliment each other by reducing loopholes through explicit text.

Federal law will precede over state law. Option 1 suggests that states should not determine citizenship. Laws and policies on citizenship should be administered by federal government and adhered to by all the states. The word citizen is defined as a native or naturalized member of state or nation who owes allegiance to its government and entitled to its protection [12]. “State” is referred to as a nation or territory under one government. After a resident becomes a citizen they become a citizen of the United States. Thus making immigration and citizenship a federal issue. This option allows for increased effectiveness in a uniform manner.

Nationalization and work permit probation. Option 2 involves a more stringent approach. A law should be enacted that prohibits people who have entered the US illegally be subject to a five to ten year freeze on naturalization and obtaining work permits. This law does not exclude people who overstay their visa and intentionally remain undocumented. With this law enforced strides for illegal immigration will decrease. It will become less enticing to circumvent the immigration process. Those who are already in the US may be encouraged to return or turn themselves in to authorities due to severed resources.

A system resembling E-verify should be implemented. Option 3 aims to strengthen the hiring process through a system that mimics E-verify but remodeled for immigrant workers. The remodeled system would still rely on the Internet but the information it compares would not be of the standard US employee form. Immigrant tailored forms along with work permits would be compared to data from the US Department of Homeland Security and Social Security Administration to confirm employment eligibility. Its speed and reliability would allow it to verify employee’s data against millions of government records and provide results quickly. This system would redefine the legal responsibilities of employers and serve as another hindrance to illegal immigration.

Common ground in a revamped version of Canada’s guest program. Option 4 supports interest of both the US and immigrants. This program would provide better job security and safer passage to employers. Eligibility would be based in specific social conditions. Married men, preferably with young children and their families must remain in their home country. In addition a percentage of wages would be withheld, receivable only if they return to their home country. Once in the US workers will essentially live on campgrounds created for this purpose. Both participating countries and the US will share the cost of maintaining the facilities. Under contractual agreement workers would be forbidden from drinking alcohol, having female visitors or socializing with other workers from different camps. Most of the workers time would be spent sleeping, eating, and working their schedule hours.

Current recommendations of immigration law reform

Along with the suggested options there are current recommendations and previous legislation proposed to slow the efforts of illegal immigration. Under President Reagan the Immigration Reform and Control Act of 1986 legalized nearly two million undocumented workers [10]. However it did not create work visas for future workers and the problem would resurface a few years later. During President George W. Bush administration he proposed to give work permits to the people who were already working without documents in the US and create work visas for future flows. If materialized the plan would have undermined the market for immigrant smuggling [11]. This proposition received much criticism form anti-immigration groups and would eventually not be passed by Congress.

The current recommendations look to create a balance in areas like security, law enforcement and social impact. One of the main goals of the Department of Homeland Security and Congress is to maintain and increase efforts to enhance border security. Cooperation between US and Mexican law enforcement through Border Enforcement Security Task Forces and related Merida Initiative Program is essential. Congress and the Administration should ensure that the US Coast Guard has adequate vessels and personnel to fulfill its missions and prevent illegal immigration and smuggling by sea.

Rejecting Amnesty Proposals would discourage illegal immigration. Congress and the Administration must reject calls for amnesty and instead employ measure to discourage immigrants from illegally crossing into and staying in the US. Strengthen interior Enforcement measures in the US. Restoring policies like “Social Security No-Match” would support the enforcement of federal immigration law. One of the most effective actions Congress can do is pressure the Administration to fully enforce existing immigration laws and make immigration laws an enforcement priority.

Closing Summary

One of the federal government’s core responsibilities is to control our borders and determine who enters the United States. An estimate of 11 million illegal immigrants is in the US. The current system of laws does not efficiently and effectively handle illegal immigration. The options suggested will not end illegal immigration but remodeling our approach will effectively deter it. In addition the goal is to not hinder economic mobility or separate families. But maintain national security and uphold the notion that laws should be enforced.

The options suggested are not only practical but provide great benefit to the American people and the agencies that protect them. They require moderate adjustments to existing policies while using instruments already in place. If illegal immigration is not taken seriously a breech in our national defense will be magnified. Former Dean of Harvard Law School once stated, “The law must be stable and yet must not stand still”. Laws should be relevant with the changing times.

Endnotes

[1] 02/22/2017. J. Batalova. Frequently requested statistics on immigrants and immigrants in the US.

[2] 02/21/2017. D. Cohen. 5 Facts about illegal immigration in the US.

[3] 02/21/2017. P. Jayapal. Root Causes of Immigration-Nafta

[4] 02/20/2107. Federal vs. Sate Immigration law.

[5] 02/20/2017. How America’s Immigration System failed and why we need to fix it.

[6] 02/20/2017.Ana Barrera. As growth stalls unauthorized immigrant population become more settled. 2014/09/03/as-growth-stalls-unauthorized-immigrant-population-becomes-more-settled/

[7] 02/19/2017. P. Cappelli. Why companies aren’t getting the employees they need.

[8] 03/22/2017. A. Goodman. Illegal immigrants benefit the US economy.

[9] 03/22/2017. A. Soergel. Undocumented immigrants pay billions in taxes.

[10] 03/20/2017. B. Carson. A common-sense solution for immigration reform.

[11] 03/22/2017. Heritage Foundation. Illegal immigration and border security.

[12] 03/22/2017. P. Jonsson. Solution to Arizona immigration law troubles: safe passage home.

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