Reform

Congressional Leaders Challenge Progressives to Keep Pushing for Immigration Reform
originally posted by Seth Hoy for Immigration Impact [click here]

In front of more than 2000 progressive bloggers and activists Saturday, House Speaker Nancy Pelosi, Sen. Harry Reid and several other keynote speakers urged progressives to “finish what we’ve started” and keep beating the progressive drum for change. After enumerating major Democratic legislative victories this year (health care, financial regulation, and an economic stimulus plan to name a few), Congressional leaders acknowledged the legislative priorities that lie ahead—especially immigration. While Republicans continue to stall immigration reform efforts in Congress and with harsh anti-immigrant legislation brewing in other states, immigration has emerged as a national hot button issue. And with mid-term elections around the corner, progressives want to know that Democratic leadership is actually going to lead.

At the fifth annual Netroots Nation conference in Las Vegas this weekend, Democratic leadership rallied the progressive voice to keep doing what they’re doing—holding Congress accountable and moving the progressive agenda forward. A large part of that progressive agenda is immigration reform—an issue that many progressives feel the Administration has yet to throw its full weight behind. In a Q&A forum, progressive bloggers and activists held Speaker Pelosi’s and Sen. Reid’s feet to the fire on the immigration front. With Congressional Republicans blocking comprehensive immigration reform (CIR), many wondered about the viability of passing the DREAM Act this year. Here’s what Democratic leadership had to say:

House Speaker Nancy Pelosi (D-CA):

There is a difference of opinion on how we go forward on [the DREAM Act]. We are committed to comprehensive immigration reform (CIR). We don’t want to take one piece and leave the rest of the undocumented behind. We need to secure [the] border, enforce laws, stop the exploitation of workers, and provide a path to legalization. If we take off rosier pieces, it will diminish the prospect for CIR. Others have a different view, but that’s a debate we’re having. Arizona also shouts out for the need for CIR which supports all the things I mentioned. We know what our values are as a country. We continue to meet with business and evangelical communities, not our usual allies, but who both understand the need for CIR. We need to keep the heat on for when the time is right to pass CIR, which will be soon. We’re all cosponsor of DREAM Act, but we don’t want to diminish the support for CIR.

Senator Harry Reid (D-NV):

We’re still working on CIR. We’re not finished after this work period before Congress goes out. We still have a lame duck session, so we’re not giving up. No one has worked harder on immigration then me. I’ve got the stars to show it. We spent more time last session on immigration than any other issue.

Those people screaming the loudest, the Senators from Arizona, won’t let us move on immigration. I believe we need CIR. We need to take care of our borders, get a guest worker program that includes more than just AgJobs, bring people out of the shadows, get right with the law, pay taxes, and get to the end of the line…which for some is thirteen years long. Remember, more than half of these undocumented immigrants have American children. We can’t do what Rush Limbaugh wants us to do. There’s no way we can ship them back to somewhere else. This is not amnesty, it’s fairness.

I’ve worked really hard to push for CIR. I’m working with Durbin and Lugar. But I’m not going to the DREAM Act unless I’ve got the 60 votes. I won’t disappoint all those young men and women if I don’t have the votes. So that’s the story.

So where does that leave us? A dose of political reality is never fun to swallow, but both leaders paint a pretty clear picture of an uphill battle for immigration reform of any kind this fall. The upcoming recess and elections, the lack of votes for CIR, and the questionable number of votes out there for the DREAM Act are all sobering reminders that the work isn’t over. The difficulty of immigration reform is also a strange reminder of just how much Congress has accomplished this year, despite overwhelming obstacles. That Republicans and some Democrats are digging their heels in on immigration could mean that progressives haven’t yet found a way to make this issue click for other political interest groups. Despite more and more involvement by conservatives, evangelicals, and law enforcement officials, immigration remains an issue that doesn’t get a lot of bipartisan support. While progressives may chastise their leaders for not doing enough, it was probably pretty fair of Pelosi and Reid to challenge progressives as well.

Photo by wellsy.

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The Right Side of History: Religious Leaders Urge Immigration Reform at Hearing
originally posted by Seth Hoy for Immigration Impact [click here]

At a House Judiciary Subcommittee on Immigration hearing today, a panel of conservative religious leaders made the case for common sense solutions to our immigration problems—comprehensive immigration reform (CIR) that secures our borders, follows the rule of law and provides a pathway to citizenship for the roughly 11 million undocumented immigrants currently living in the U.S. While the hearing, The Ethical Imperative for Reform of Our Immigration System, started off with ethical and biblical arguments supporting and opposing reform, it later evolved into what most immigration debates eventually boil down to—fairness, justice and the punitive aspects of a reform effort.

The majority witnesses—Dr. Richard Land of the Southern Baptist Convention, Bishop Gerald Kicanas of Tucson and VP of the U.S. Conference of Catholic Bishops and Dean Mathew Staver of the Liberty University School of Law—testified to the moral and biblical mandate to care for “the least of these among us,” the “strangers” who reside in our land, and to act justly and mercifully by enacting comprehensive immigration reform. Faith leaders will continue to reach out and support the undocumented population, Dr. Land said, but “only a proper government response can resolve our immigration crisis.”

“Get tough on immigration” hardliners—Rep. Lamar Smith (R-TX) and Rep. Steve King (R-IA)—however, pushed back on religious leaders by citing scripture that quote the “rule of law” and advocate the “punishing of wrongdoers.” “Americans need not repent for wanting to follow the rule of law,” Rep Smith said, “A truly Christian approach would be to end illegal immigration.” Likewise, the single witness for the minority, Dr. James R. Edwards, Jr. of the restrictionist group Center for Immigration Studies, testified that biblical precepts of compassion and mercy “might not apply to civil government of the nation-state of which we are citizens. Sometimes, such application would actually be harmful and wrong.”

Rep. Luis Gutierrez (D-IL)—among others—took particular offense to Dr. Edwards’ distinction. Rep. Gutierrez replied, “I want my government to be a reflection of my values, don’t you?” Rep. Charles Gonzalez (D-TX) asked Dr. Edwards if our current immigration laws were just and whether deporting 11 million undocumented immigrants currently living here was considered “justice?” Dr. Edwards replied “no” to both questions.

The underlying tension in the room, however, wasn’t whether our immigration system is broken (everyone in the room agreed on that) but in how to fix it—and a step further, what a “just punishment” might look like. While the majority of committee members and witnesses agreed on CIR as a solution, immigration restrictionists championed the Arizona SB1070 model—enforcement through attrition—that is, create enforcement laws so harsh that people choose to leave the state. Rev. Mathew Staver, Dean of Liberty University School of Law, argued that deportation wasn’t the answer and that the conservative “amnesty” scare tactic wasn’t helping anyone:

I call upon those who label an earned path to legal status as amnesty to stop politicizing this debate needlessly and to honestly acknowledge the difference.

Dr. Richard Land echoed Rev. Staver’s complaint that “amnesty” is, in fact, something very different from proposed CIR proposals.

Some critics, however, suggest that “comprehensive reform” is a code for amnesty, but such action is not amnesty because it does not merely pardon an offender. My proposal requires lawbreakers to pay a fine, learn to read, write and speak English, and follow a rigorous process for legal status. Penalties, probation, and requirements do not equal “amnesty.” Going to the back of the line behind those who have, and are trying, to come here legally is not amnesty. These are principles of justice and fairness that respect the rule of law and treat all parties involved (American citizens, legal immigrants and illegal immigrants) with dignity.

While restrictionist committee members continued to argue that CIR and its prescribed penalties—paying fines, going back to the end of the line, etc.—were simply not enough, religious leaders like Rev. Staver, continued to drive home the point that immigration is not a “right left” issue, but a “right wrong” issue, a moral issue, and that we “should not allow partisan politics to deter us from the ultimate goal of fixing a broken system.”

Photo by Lone Primate.

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Undocumented Youth Pin DREAMs on Congressional Action
originally posted by Michele Waslin for Immigration Impact [click here]

Every year, undocumented immigrants come to the U.S. along with their young children. These kids grow up in the U.S., speak English, and hang out with their friends just like other American kids. But unlike their classmates, they cannot join the military, work, or pursue their dreams because they don’t have legal status. Every year, roughly 65,000 undocumented students graduate from high school, but many don’t apply for college, even when they’re at the top of their class, because they can’t afford it. These hard-working students are not eligible for loans or work study and must often pay high out-of-state or international tuition rates. They often live in fear of detection by immigration authorities. The DREAM Act—which would benefit these students as well as the U.S. economy—proposes to fix these problems, but not without the political will of Congress.

The Development, Relief, and Education for Alien Minors Act, or the “DREAM Act” (S. 729 and H.R. 1751), addresses the plight of young undocumented immigrants who, growing up in the United States, wish to go to college and obtain lawful employment. By providing a path to legal permanent status, the DREAM Act would create a needed incentive for students to stay in school, pursue higher education or join the military.

According to a new report by the Migration Policy Institute (MPI), approximately 114,000 potential beneficiaries with at least an associate’s degree would be immediately eligible for conditional legal permanent resident (LPR) status. Another 612,000 potential beneficiaries would be immediately eligible for conditional status because they already have a high school diploma or GED and 934,000 children under 18 could be eligible for conditional LPR status in the future under the DREAM Act.

Experts report that the DREAM Act would have economic and social benefits for the U.S. According to a fact check by the Immigration Policy Center (IPC), the DREAM Act would:

  • Provides an opportunity to raise individual wages and the resulting tax contributions. If legalized, these students would get a better education and better jobs and would earn more and pay more in taxes.
  • Allow legalized immigrants to invest in the U.S. economy. Removing the uncertainty of unauthorized status allows legalized immigrants to earn higher wages and move into higher-paying occupations, and also encourages them to invest more in their own education, open bank accounts, buy homes, and start businesses.
  • Reduce the drop-out rate for immigrant students by creating a strong incentive for undocumented students to remain in school until graduation
  • Help universities by increasing school revenues as students who would not normally attend college start to pay tuition.
  • Aid military recruiting. According to West Point Professor Lt. Col. Margaret Stock, the DREAM Act “would be tremendously beneficial to the military. It gives the opportunity to enlist hundreds of thousands of high-quality people.”

On the legislative end, the DREAM Act has come up for a vote several times in past years and has garnered as many as 48 co-sponsors in the Senate and 152 in the House; it passed the Senate Judiciary Committee twice; and it received more than 50 votes as a stand-alone bill. Yet it has failed to become law. Some Members of Congress who support DREAM in principle have voted against it because they want to see it pass as part of a broader immigration reform effort and fear that passage of the DREAM Act alone would hamper the possibility of larger reform. For example, Senator Arlen Specter (R-PA)—then a Republican, now a Democrat—voted against the bill because he thought it would weaken the chances of CIR, not because he disagreed with the contents of the bill. According to a recent poll, the DREAM Act has garnered public support across party lines with as many as 70% of Americans favoring the DREAM Act.

Recently, many Republicans have come under fire for supporting any form of immigration “amnesty,” including the DREAM Act, and some former supporters have switched their positions. Earlier this May, five immigrants sat in the office of Senator John McCain (R-AZ) and refused to leave, asking him to sponsor DREAM. In past years, Senator McCain was a co-sponsor for the DREAM Act, but became more conservative on immigration issues during his 2008 presidential campaign and continues to do so during his 2010 Senate campaign, where he is facing a primary challenge from the right.

Research has shown that the DREAM Act would be a boon to the economy and the U.S. workforce. Moreover, the DREAM Act create an opportunity for many young people to get on the path to permanent legal status, improve their education, invest in themselves and their communities, and serve their country. But for the DREAM Act to pass, it would likely need the support of both the moderate Republicans who supported it in the past, as well as the Democrats who may be holding out hope for CIR.

Photo by SomewhereinAK.

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It’s the Constitution, Governors! Why Playing Politics with the DOJ’s Lawsuit is a Bad Idea
originally posted by Mary Giovagnoli for Immigration Impact [click here]

Republican and Democratic governors alike might need a tutorial on the concept of checks and balances, given the dismay they are expressing over the federal government’s lawsuit against Arizona’s SB 1070. Democrats are purportedly worried that it will hurt their chances in tough state elections, while Republicans are calling the lawsuit hypocritical because the federal government is litigating instead of legislating immigration.

Let’s review. As the lawsuit very clearly and eloquently lays out, the Constitution empowers Congress to regulate immigration. The President and his executive branch carry out the laws (and are given the discretion regarding how to exercise them). And when the states pass laws that conflict with this scheme, the federal courts are the referee.

So when the executive branch determines that a state law fundamentally upsets this scheme—in other words, violates the Constitution—the government needs to act. Sorry that the timing stinks. Sorry that Congress hasn’t done its job. Sorry that this may not play out very well with some members of the public who don’t understand that maintaining checks and balances requires action. Sorry that this makes Arizona out to be the constitutional bully that its state legislature is trying so hard to be. But the federal government is defending its constitutional right to regulate immigration law.

You have to wonder if the critics have bothered to read United States v. Arizona, which unfolds like a primer on the structure of the federal/state relationship. The lawsuit is a crisp and detached analysis of federal constitutional obligations and responsibilities regarding immigration and a point by point analysis of the manner in which SB 1070 violates and undermines that scheme. Moreover, it makes the very compelling point that immigration is inherently a federal responsibility precisely because it engages many competing national interests:

In crafting federal immigration law and policy, Congress has necessarily taken into account multiple and often competing national interests. Assuring effective enforcement of the provisions against illegal migration and unlawful presence is a highly important interest, but is not the singular goal of the federal immigration laws. The laws also take into account other uniquely national interests, including facilitating trade and commerce, welcoming those foreign nationals who visit or immigrate lawfully and ensuring their fair and equitable treatment wherever they may reside, responding to humanitarian concerns at the global and individual levels; and otherwise ensuring that the e treatment of aliens present in our nation does not harm our foreign relations with the countries from which they come or jeopardize the treatment of U.S. citizens abroad.

The suit argues that by enacting S.B. 1070, Arizona “attempts to second guess federal policies and re-order federal priorities in the area of immigration enforcement and to directly regulate immigration and the conditions of an alien’s entry and presence in the Unites States despite the fact that these are federal domains.” The suit notes that Arizona explicitly acknowledges that the intent of the law is attrition through enforcement (code for make the laws so harsh that people leave the state) which means that it is not taking into account any of the other vital immigration priorities and, in the process, undermines the federal scheme enacted by Congress.

Of course, under this analysis, the federal government has to fight back. As Maryland governor Martin O’Malley noted:

The president doesn’t have control over some of the timing of things that happen. When those things arise, you can’t be too precious about what’s in it for your own personal political timing or even your party’s timing. When matters like this arise, I think the president has to take a principled stand.

Ironically, that principled stand essentially means defending Congress’s right to pass federal law, even when it can’t or won’t do it. Rather than criticizing the President for moving forward on a crucial constitutional issue, Democrats should be kicking themselves for failing to be brave enough to take the issue on. And Republicans should stop throwing firebombs and start working on immigration reform.

Photo by jamess.

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The Numbers Are In: Polls Reveal Voters’ Desire to Fix Immigration
originally posted by Seth Hoy for Immigration Impact [click here]

In the media storm following the Department of Justice’s (DOJ) lawsuit against Arizona’s immigration enforcement law (SB1070) this week, politicians, reporters and advocates are busy gauging voters’ reaction in the build up to midterm elections. A number of public opinion polls have recently surfaced, each with something slightly different to say about how most Americans feel about Arizona’s law, the DOJ lawsuit, and immigration in general. As any pollster can tell you, poll results depend entirely on the phrasing of the question. However, while it’s difficult to mine the nuances of each poll question, one thing remains clear—most Americans agree that our broken immigration system needs to be fixed. The question is, how do we move forward?

A new bipartisan poll conducted by Lake Research Partners and Public Opinion Strategies found that the majority of voters who support Arizona’s immigration law are also more likely to support comprehensive immigration reform (CIR). The poll asked the following question about a CIR proposal:

Under this proposal, the federal government would strengthen border security and crack down on employers who knowingly hire illegal immigrants. Illegal immigrants currently living in the United States would be required to register with the federal government, undergo criminal background checks, pay taxes, learn English, and go to the back of the line for U.S. citizenship.

84% of the 1,100 registered voters polled who said they support Arizona’s law said they also support comprehensive reform, with 12% opposing and 4% undetermined.

A recent Gallup/USA Today poll, however, shows that Americans are closely divided on whether the U.S. government should halt the flow of undocumented immigrants or deal with the undocumented immigrants already here. 54% of the 1,014 adults, aged 18 and older, surveyed supported halting the flow while 45% wanted a plan to deal with the immigrants who are already here. The number of people supporting a comprehensive plan is up from 43% in May of 2006 while the number of those who want a halt is down from 52% in the same year.

Finally, a recent Rasmussen poll found that 61% of voters “favor passage of Arizona’s law” in their state. The same poll found that 56% of voters disagreed with the DOJ lawsuit while 28% agreed the DOJ should challenge the state law.

But no matter how your slice these varied poll results, one thing remains constant—voters are clearly concerned about immigration and many, regardless of their stance on Arizona’s law or the DOJ lawsuit, want to fix our broken immigration system. As America’s Voice points out, voters are clearly frustrated with the fact that Congress has failed to move on immigration. With the recent upswing in state immigration enforcement legislation, voters are sending policy-makers a very clear message: America needs solutions to our immigration problems now.

Photo by batega.

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United Farm Workers and Colbert Report Team Up on “Take Our Jobs” Campaign
originally posted by Seth Hoy for Immigration Impact [click here]

Yesterday, United Farm Workers of America (UFW) President, Arturo Rodriquez, joined Stephen Colbert on the Colbert Report to talk about the Take Our Jobs campaign. The campaign aims at hiring U.S. citizens and legal residents to fill jobs that often go to undocumented farm workers—a response to the anti-immigrant rhetoric that “undocumented immigrants steal American jobs.” While the campaign is satirical in nature, Arturo Rodriguez argues the need for immigration reform is serious. “Farm workers are tired of being blamed by politicians and anti-immigrant activists for taking work that should go to Americans and dragging down the economy,” Rodriguez said. “The reality is farmworkers who are here today aren’t taking any American jobs away. They work in often unbearable situations. I don’t think there will be many takers, but the offer is being made. Let’s see what happens.”

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FAIR’s Loosening Grip on Economic Reality
originally posted by Policy Center for Immigration Impact [click here]

This week, the Federation for American Immigration Reform (FAIR) came out with more fuel for the anti-immigrant movement’s fire. Their most recent publication discusses the costs of unauthorized immigration to the United States. As usual, FAIR has put out a highly misleading fiscal snapshot of the costs allegedly imposed on U.S. taxpayers by unauthorized immigrants and completely discounts the economic contributions of unauthorized workers and consumers. Moreover, FAIR inflates their costs in a variety of ways and conveniently ignores any contributions that would offset these costs.

While the publication is long and deals with a wide range of issues that warrant more dissection by credible economic experts, the trade publication Education Week has already begun the deconstruction with an item that sheds light on their misleading claims about providing English language services in schools.

According to the Immigration Policy Center (IPC), FAIR’s report suffers from three fatal flaws:

  • The report notes that the single biggest “expense” it attributes to unauthorized immigrants is the education of their children, yet most of these children are native-born, U.S. citizens who will grow up to be tax-paying adults. It is disingenuous to count the cost of investing in the education of these children, so that they will earn higher incomes and pay more in taxes when they are adults, as if it were nothing more than a cost incurred by their parents.
  • The report fails to account for the purchasing power of unauthorized consumers, which supports U.S. businesses and U.S. jobs.
  • The report ignores the value added to the U.S. economy by unauthorized workers, particularly in the service sector.

In contrast to FAIR’s report, the Perryman Group estimated that if all unauthorized workers and consumers were somehow removed from the U.S. economy, the United States would lose $552 billion in total economic activity (”expenditures”), $245 billion in Gross Domestic Product (GDP), and 2.8 million jobs.” This doesn’t count the billions it would cost to actually implement a mass deportation program.

Another argument FAIR makes, which makes it hard to glean what their solution would be (if they were really interested in solutions), is the high cost of deporting undocumented workers which FAIR blames on the immigrants themselves. It’s a somewhat circular argument to say that the cost of undocumented immigrants includes the cost of failing law enforcement efforts. So, in essence, FAIR is saying that the deport-them-all approach costs too much money and doesn’t work. Yet their “solution” is to spend even more money on enforcement.

This is not all that surprising. FAIR’s publication is meant only to reinforce their vision of “attrition through enforcement”—hoping that if you make their lives miserable enough they may choose to return home on their own. It is not rooted in an effort to move the immigration debate forward or advance real solutions. However, despite what little credibility FAIR suffers from in the mainstream press, what is most concerning about this report and its corresponding graphic maps with big numbers (the perfect stage prop for nativist state legislators like Russell Pierce and his ilk) is that they will be cited and used by those attempting to pass punitive state legislation. These numbers do not withstand scrutiny and must be challenged.

If FAIR was serious about ending illegal immigration, they would be working hard for immigration reform. That way, the government could stop wasting tax dollars on enforcement programs that don’t work and ensure all immigrants are paying their fair share in taxes.

Photo by Hayley Bouchard.

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Arizona Senators Decry DOJ Lawsuit Yet Refuse to Support Immigration Reform
originally posted by Seth Hoy for Immigration Impact [click here]

Yesterday, the Department of Justice (DOJ) filed a lawsuit against the state of Arizona, challenging the state’s immigration enforcement law (SB 1070). The DOJ lawsuit—which seeks to stop the law from going into effect on July 29th—argues that Arizona’s law is unconstitutional since it claims state authority over federal immigration policy. While political opposition in Arizona to DOJ’s legal challenge has come from both parties, some of the most laughable comments have come from Arizona’s Republican Senators who have used the lawsuit as yet another opportunity to claim that the Obama administration has failed to do anything on immigration. Only Senator Lindsay Graham (R-SC) has been willing to engage the Democrats on immigration at all this year and even still, Sen. Graham back peddled after health care reform was passed. To date, ZERO Republicans are willing to step forward and play ball on an actual immigration reform bill—which makes the political finger-pointing from those unwilling to meet the President halfway all the more infuriating.

Shortly after the DOJ filed their lawsuit yesterday, Arizona Senators John McCain and Jon Kyl were quick to issue the following statement decrying the federal government’s lack of action on immigration enforcement:

Moreover, the American people must wonder whether the Obama Administration is really committed to securing the border when it sues a state that is simply trying to protect its people by enforcing immigration law.

Attorney General Holder speaks of the ‘federal government’s responsibility’ to enforce immigration laws; but what are the people of Arizona left to do when the federal government fails in its responsibility?

The Obama Administration has not done everything it can do to protect the people of Arizona from the violence and crime illegal immigration brings to our state. Until it does, the federal government should not be suing Arizona on the grounds that immigration enforcement is solely a federal responsibility.

This, by the way, is coming from the same senators who led the Republican charge for comprehensive immigration reform back in 2006 and 2007. Back then, Sen. McCain said, and I quote, “I believe the only way to truly secure our border and protect our nation is through the enactment of comprehensive immigration reform.” But where is Sens. McCain or Kyl’s support for reform now, especially after President Obama opened the door to Republican support for a reform effort? And does questioning the government’s commitment to border security after the President requested $600 million in additional border security spending to fund 1,000 additional Border Patrol agents, 160 additional ICE agents, and improved infrastructure along the Southwest Border really make sense?

The point is that the “federal government’s responsibility”—a government which Sens. McCain and Kyl are certainly a part of—to reform our broken immigration system is being thwarted by the same senators who complain that the government isn’t doing enough. Sure, it’s an election cycle at a time when “get tough” politics are popular and nevermind the fact that SB1070 doesn’t actually do anything to fight crime, but the glaring hypocrisy is a bit much. Meanwhile, Arizona Gov. Jan Brewer—who claims Arizona is now under attack from the President in addition to violent Mexican drug cartels—is fundraising for legal funds to defend SB 1070 and vows to “oppose the President’s amnesty plan” (which she also refers to as a “path to citizenship”). Apparently, as an Arizona politician, you can have your cake and eat it too.

Photo by Politico Mafioso.

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Immigrant Women: The Silent Victims of a Broken Immigration System
originally posted by Michele Waslin for Immigration Impact [click here]

Even though there are approximately 19 million foreign born women in the U.S.—accounting for 12.3% of the female population—we tend to hear very little about them. A closer look at the female immigrant population reveals many important facts—immigrant women are incredibly diverse in terms of country of origin, time in the U.S., citizenship rates, income, poverty, and labor market participation. This week, the Immigration Policy Center (IPC) released a report, Reforming America’s Immigration Laws: A Woman’s Struggle by Kavitha Sreeharsha, a senior staff attorney at Legal Momentum’s Immigrant Women Program and a fact sheet detailing the demographic makeup of immigrant women in the U.S.

Immigrant women also experience the U.S. immigration system in a way that is distinct to men, and often leaves them at a disadvantage.

In Miami in February 2009, Rita Cote’s sister called 911 to seek police protection after a domestic violence incident. Ms. Cote’s sister had lawful immigration status but had a limited capacity to speak English. Law enforcement agents asked for identification for everyone at the scene. Ms. Cote urged the agents to first address the domestic violence issue but they insisted that Ms. Cote’s sister could only press charges by going to the police station. After Ms. Cote showed her passport to the officers the officers arrested her, and took her away. The domestic violence crime went unaddressed.

Stories such as this are far too common. According to Sreeharsha, lawmakers and others often overlook the specific immigration reforms necessary to ensure that women are treated equally and fairly. If not done right, CIR may inadvertently create new barriers to women and establish eligibility criteria that are beyond the reach of some immigrant women. For example, a CIR package must include a path to legalization that values the contributions of immigrant women as part-time and informal workers. Without immigration reforms, many immigrant women will continue to lack economic access, experience separation from their families, and be subjected to exploitation and criminal activity.

The report makes the following recommendations:

  • Legalization must equitably value women’s work: Avenues for legalization that value work must recognize and ‘count’ the range of immigrant women’s work in the informal economy such as domestic work, child care, and home health care. Part-time and contract work, as well as work for multiple employers, must count toward legalization. Because many recent legalization proposals have required full-time employment or schooling, they fail to take into account the unique barriers faced by many undocumented women.
  • Legalization fee structures must ensure incentives for immigrant families to apply for legal immigration status for all eligible family members. High fees may limit the number of applications a family can afford, resulting in applications only being filed by and for male heads-of-household. Fees must be on a sliding scale so that they are not cost-prohibitive for low-wage women workers.
  • CIR must reduce family visa backlogs: Because women disproportionately immigrate through family-based channels, they are especially vulnerable to long backlogs, which heightens women’s dependency on partners and increasing the likelihood of exploitation by family members and employers. Measures to promote family reunification and reduce backlogs will thus particularly benefit immigrant women.
  • Improve personal security and autonomy by expanding access to independent immigration status: When women attain legal status based upon a family relationship, other family members gain control over whether she ever attains legal status. This dynamic can jeopardize women’s autonomy and safety. Immigrant women’s economic and physical security is enhanced when they can independently obtain legal immigration status.
  • Eliminate local law-enforcement partnerships such as 287(g) and Secure Communities: These partnerships result in undocumented immigrant women being drawn into the immigration-enforcement system as victims and witnesses of domestic violence and other crimes. Crime perpetrators, abusive spouses, and abusive and exploitative employers call DHS to report undocumented immigrant victims for deportation. This very effective power-and-control tactic silences crime victims and keeps them from seeking help.
  • Reform the immigration detention system in order to not re-victimize vulnerable immigrant women detainees. Such reforms must include meaningful access to health services. All detainees should be screened and undergo a risk assessment that evaluates vulnerable immigrants such as crime victims, pregnant women, sole caretakers, and those with health conditions so that they can be allowed to seek alternatives to detention, humanitarian release, or release on their own recognizance.

Ultimately, the author concludes, only through a comprehensive immigration reform package—meaningful reform that values the contributions immigrant women make as mothers, wives and workers—can we reconcile these disparities.

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President Obama Urges Republicans to Help Bridge Bipartisan Divide on Immigration
originally posted by Seth Hoy for Immigration Impact [click here]

Today, President Obama delivered his first major immigration speech at American University urging Republicans to put bipartisan and election politics aside and help Democrats fix our broken immigration system once and for all. With an audience of law enforcement, elected officials, and evangelical, business, labor, and community leaders, the President provided a framework for understanding the depth and complexity of the immigration issue—laying out the fundamental problems with our immigration system while highlighting the critical role immigrants have and continue to play in strengthening America. The President then asked Republican leadership to join his Administration’s efforts to step up, take responsibility and pass an immigration reform bill.

In today’s speech, the President made it clear that this Administration is ready to move forward. Action is needed, but he needs Republicans support.

Our task then is to make our national laws actually work – to shape a system that reflects our values as a nation of laws and a nation of immigrants. And that means being honest about the problem, and getting past the false debates that divide the country rather than bring it together.

The question now is whether we will have the courage and the political will to pass a bill through Congress, to finally get it done… I’m ready to move forward; the majority of Democrats are ready to move forward; and I believe the majority of Americans are ready to move forward. But the fact is, without bipartisan support, as we had just a few years ago, we cannot solve this problem. Reform that brings accountability to our immigration system cannot pass without Republican votes. That is the political and mathematical reality. The only way to reduce the risk that this effort will again falter because of politics is if members of both parties are willing to take responsibility for solving this problem once and for all.

I believe we can put politics aside and finally have an immigration system that’s accountable. I believe we can appeal not to people’s fears but to their hopes, to their highest ideals, because that’s who we are as Americans.

Today’s speech follows back to back White House meetings this week with immigration advocates, faith groups, labor leaders and the Congressional Hispanic Caucus. The speech also follows the President’s request for $600 million in additional border security spending to fund 1,000 additional Border Patrol agents, 160 additional ICE agents, and improved infrastructure along the Southwest Border. Although the President mentioned Arizona’s harsh immigration law, he did not comment on Department of Justice’s forthcoming legal challenge. The President did, however, reiterate that fixing the border alone is not a long term solution to our immigration problems.

Although today’s speech contained no new policy initiatives or a congressional timetable for reform, the President certainly made the case for why immigration is such an important issue. Now that the stage is set for a renewed and heightened reform effort, immigration advocates are waiting for the President to turn his words into action and show the same leadership moving immigration reform legislation forward that he showed today.

Photo by Peter Souza.

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