Political Paralysis and Immigration Reform in the US

(Parálisis Politica y La Reforma de La Política de Inmigración en los Estados Unidos)

 Rawlings, Lynette LRawling@urban.org

By all accounts, the United States has an outdated and ineffective national immigration policy. Both the massive societal changes since the most recent reforms and the poor enforcement of laws already in existence have led to a system that is wildly out of step with the country’s immigration needs.  Current challenges include long waiting lists for US entry, unmet demand for labor, and 11 million undocumented immigrants living on the margins of society. However, the longstanding and often acrimonious political stalemate over key issues has impeded large-scale reform.

For the US, as in many other countries, the last two decades have been, a period of rapid immigration growth. Employment opportunities in a stronger labor market and the desire to reunite with family members attracted most of these new immigrants. Between 1990 and 2010, approximately one million immigrants entered the US each year. These new residents (along with their US born children) are dramatically transforming the racial and ethnic makeup of the US –- a fact that further complicates the political landscape of reform.  Moreover, it is estimated that almost a third of US immigrants are undocumented - having either entered the country illegally or overstayed their visas. This issue of what do about those residing in the US without authorization has proven particularly divisive – leading to rancor filled discourse debates.

While interested parties strongly agree on the need for reform, there are widely divergent ideas about the shape these changes should take.  These differences in perspective have led to persistent political gridlock and stymied the realization of systemic change.  For nearly two decades, US lawmakers have attempted to reform policies governing immigration with little more than piecemeal fixes. In the meantime, the disconnect between public policy and reality continues to create massive strains on the national, state, and local economies and social welfare systems.  Furthermore, this policy gap exacerbates the vulnerable circumstances of many US nation’s immigrants.

Main features of reform proposals

Diametrically opposed forces on each of the main issues –new entrant policy, border security, and undocumented immigrants - coupled with an intensely polarized congress have so far impeded progress. Current reforms up for discussion attempt to address each of these main immigration challenges but often with vastly differing approaches. 

1) New Documented Entry

The massive waiting lists to enter the country along with labor shortages in critical industries has highlighted the need for a coherent entry policy that balances employment-based visas and family-sponsored visas. Business interests and unions continue to be at odds over how to address US labor force needs. While business interests push for greater employment based visas to access both skilled and low-skilled labor, unions are concerned about cheaper labor driving down wages for those already in the US. Reforms under consideration are new guest worker programs that would allow for flexible, intermittent and/or seasonal entry  - especially to accommodate seasonal agricultural labor needs.

In addition, there is considerable pressure to increase the number of family sponsored visas allowed to address the considerable backlog of applicants in this category. The current waiting list of potential immigrants wishing to reunite with family in the US is more than 4 million people.  This enormous excess demand for entry by legal means (plus lax enforcement of current laws) has led to the large numbers of undocumented immigrants.

2) Enforcement and Border security

It is estimated that half a million immigrants enter the US illegally each year - largely through the border with Mexico. In addition, one third of the estimated 11 million undocumented immigrants in the US entered the country legally and subsequently overstaying their visas - thereby falling into irregular status. Proposed reforms attempt to prevent future illegal entry through increased border security and tougher penalties for illegal entry Additional efforts include tougher penalties for passport and visa violations and allowing for more detentions and expedited deportations for more classes of unauthorized aliens. To decrease the pull of employment opportunities and dissuade employers from encouraging undocumented immigrants, reform proposals include stricter requirements for employers to check workers immigration status and tougher penalties for employers who hire undocumented immigrants including large fines and even jail time. 

3) Undocumented immigrants

In addition to preventing new unauthorized immigration, current reform efforts also attempt to address what to do about the 11 million unauthorized immigrants currently residing in the US.  This particular aspect of reform is perhaps the most polarizing aspect of the US immigration reform challenge. Many undocumented immigrants have been in the US for decades, have US citizen children, and deep community ties.  For this reason, those on the left have pushed for legal residency and a path to citizenship for most of this group.  Many on the right are against granting “amnesty” arguing that it would reward lawbreakers and encourage future unlawful immigration. Comprehensive reform proposals have addressed this issue but from vastly different angles. These reforms have ranged from directly criminalizing unauthorized presence to earned or transitional legalization – including a requirement to learn English, pay fines and not get preference for citizenship over those residing in the US with proper documentation. Proposals for a creating a path to citizenship are particularly contentious.

Political Progress/Paralysis

In the absence of major reform at the national level, states and localities have been enacting legislation to address their particular challenges.  Not surprisingly, state and local policy responses have varied widely depending on the regional circumstances and political leanings of the given area. These new laws have ranged from more restrictive, or enforcement based, to those that attempt to help immigrants better integrate into society. The restrictive laws are aimed primarily at undocumented immigrants and more likely to occur in the southern border states and localities many of which feel overwhelmed by the sheer number new entrants.  Some have explicitly attempted to create an unwelcome atmosphere - discouraging undocumented immigrants from settling in these locales.  These new laws have included explicit restrictions against hiring, renting property to, and the granting of government licenses (e.g. business and driving).  In addition, some of these laws explicitly exclude undocumented immigrants from receiving all but the most basic of state and local public welfare benefits. Among the most controversial laws are those that allow local law enforcement to stop individuals on suspicion of being undocumented - which has led to claims of racial profiling. In some cases local law enforcement cooperates with national level Immigration and Customs Enforcement, turning over undocumented immigrants for detention and deportation.  

Other states and localities have adopted an array of inclusionary policies.  These tend to be aimed at all immigrants or aimed at a broader group (i.e., low-income families or children, limited English speakers). These laws have focused on providing additional public services to assist residents with housing access, educational services, health care services, employment, and English language acquisition.

Conclusion

Even with the intense build-up of political pressure for change from every side of the issue, efforts to create a large enough consensus for comprehensive reform remain at a stalemate.  While policymakers carry on hotly debating the underlying issues, the chasm between public policy and the reality of current societal needs grows wider.