(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all accounts, the United States has an outdated and ineffective national immigration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.