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What are the most recent developments regarding immigration?
The immigration debate has been stoked by the recent passage of an Arizona law. The act makes it a state misdemeanor crime for an alien to be in Arizona
without carrying registration documents required by federal law, steps up state and local law enforcement of Federal immigration laws, and cracks down on
those sheltering, hiring and transporting illegal aliens. Critics of the legislation say it encourages racial profiling, while supporters say the law simply
enforces existing federal law. There have been protests in opposition to the law in over 70 U.S. cities, including calls for a boycott of Arizona. Polling
has found the law to have majority support in Arizona and nationwide. 
Immigration was poised to be a major issue in the 2008 Presidential campaign. Republicans had stalled all Congressional attempts to resolve the issue of
undocumented aliens through legislation with the expectation that the Presidential candidate would take advantage of the anti-immigrant attitudes of many
voters. However, like President Bush, John McCain is a moderate on the issue has voted for a legalization process. The 2008 Republican platform is silent
on the legalization issue but opposes amnesty, strict border enforcement, and foolproof workplace enforcement. The 2008 Democratic platform urges a similar
commitment to border and workplace enforcement but supports a system that requires
undocumented immigrants who are in good standing to pay a fine, pay taxes, learn English, and go to the back of the line for the opportunity to become
citizens.
In June 2007, the Senate rejected bi-partisan compromise legislation  (Click to see vote chart) which had been introduced in attempt to resolve the immigration
controversy. The measure proposed to allow illegal immigrants to obtain a renewable visa if they were present on January 1, 2007. Additional visas would
have been awarded to temporary workers. A worker verification system and increased border security system had to be in place before the visa programs go
into effect. A special, less burdensome path to legal status was provided for undocumented agricultural workers and high school graduates who came to the
U.S. illegally with their parents.
Despite its bi-partisan origins, the legislation was defeated largely because of deep divisions in public sentiment regarding the proper response to the
massive-scale illegal immigration which has occurred in the U.S. during the past 15 years. Legislative efforts to address the problem to date have been
limited to increased funding for border security. In May 2006, the Senate passed reform measure which provided for stricter border control but also allowed
for a legalization process for many illegal immigrants presently in the country. (Click to see vote chart) This measure appeared to have the Bush Administration's
support, but the House deliberately delayed any action. In March 2007, the Bush Administration announced a major change in policy; advocating a very costly
visa and legalization process, some of which was added to the compromise legislation. Immigrants and their supporters initially reacted bitterly to this
change which appears to be an effort to mollify nativist sentiments.
Surveys indicate that the American public is very concerned about the illegal immigration situation (Click to see chart) and the subject dominates conservative-oriented talk
radio. Various grassroots movements have developed concerning the issue. A volunteer citizen group calling themselves the "Minutemen" patrolled the Arizona
border in April 2005 for the purpose of discouraging entrants drawing considerable publicity. Other efforts have sought to expose persons who are employing
day labor at various pick up locations. Republican political analysts are preparing to use immigration as a "wedge issue" much as they have used abortion
and gun control.
Despite public sentiment, there appear to be powerful moneyed interests which support the present system which provides a steady, compliant, low wage
labor force in an economy that has a low level of unemployment. This is particularly true in the agricultural sector.
The arrangement also benefits Mexico. Although Mexico now has a fertility rate comparable to the U.S., it had an unsustainable birth rate in the 1960's and
1970's and its economic development could not match the growth of its working age population.
The stark reality is that the illegal immigration situation could be resolved very quickly through simple enforcement of existing legislation. If job
site enforcement was anywhere near the level it was in the early 90's (when border security was lax), perhaps over 90% of illegal immigrants would
permanently leave the country and the entire process could take less than a month. Immigration opponents have more than a sufficient reason to be outraged
at this lack of enforcement of the nation's laws. Yet virtually all analyists agree that the expulsion of the nation's illegal immigrants would at this
point cause a massive economic disruption.
How do people legally immigrate into the United States?
Almost a million people legally immigrated into the U.S. in 2004 under qualifying categories: The categories are:
- Employment-based preference is a category that permits a limited number of individuals who possess job skills which are in demand by the
economy. In 2002, this group was dominated by persons with computer and engineering skills.
- Family preference is a category that permits individuals to sponsor a limited number of relatives (adult children of U.S. citizens, spouses
and children of immigrants, and siblings of citizens).
- Immediate Relatives of U.S. Citizens is a category that permits citizens to sponsor an unlimited number of minor children, spouses, and
parents. This has been the largest category.
- Diversity is a category authorized by recent legislation which authorizes a limited number of individuals to immigrate based on past
under-representation in the immigrant population.
- Refugees/Asylees are admitted on a limited basis based on political and humanitarian reasons. The maximum numbers vary year-to-year based
on Presidential determinations.
What is the difference between legal immigrants and citizens?
Legal immigrants are basically entitled to the same rights as citizens although they cannot vote or hold political office. About 40% of immigrants
become citizens through a process called naturalization. In order to become naturalized, immigrants must reside in the U.S. for five years. Most must demonstrate a proficiency in English
and a knowledge of U.S. history and government. The primary motive for immigrants to become citizens is that they qualify to assist their relatives
immigrate.
Why is the United States experiencing a new "wave" of new immigration?
The United States has recently experienced a rate of immigration that in numbers is close to the level of immigration that occurred at the turn of the
last century. (Click to see chart) The combined legal and illegal immigration is well over one million per year. Foreign-born persons now constitute over 10% of the
population for the first time since the 1930s. . In
California and New York over 20% of the population is foreign born and the ratio is over 10% in many other states.  (Click to see map) There have been several reasons for this
continuing increase over the past three decades:
- Refugee
immigration peaked in the late '70s and '80s as the U.S. admitted a large number of Southeast Asian, Cuban and Russian immigrants. Many
individuals in these categories have become citizens which has enabled them to sponsor admission for their parents without any numeric limitation.
- Two amnesty programs provided legal status to nearly 3 million undocumented immigrants and their families in the late '80s and early '90s. The
immigrants legalized under these programs account for almost a quarter of all legal immigration from 1981 to 1995.
- A large number of illegal immigrants continue to enter and stay in the country. The increase in the total illegal immigrant population has been
dramatic over the last 15 years. A report issued in 2005 based
on census data estimates that undocumented immigrants constitute almost 30% of all foreign born residents. The Department of Labor determined that in 2001 undocumented immigrants constituted over one half of all
agricultural workers.
Hasn't the U.S. substantially increased border surveillance? Why hasn't illegal immigration slowed?
There are many reasons.
It is true that funding of the Border Patrol has increased significantly. A major effort has been particularly made in the El Paso area (Operation Hold-the-Line) and in San Diego (Operation Gatekeeper).
Partially as a result of these operations the number of deportable aliens located significantly increased but this maybe more a reflection of the greater numbers of people who have attempted to immigrate. Likewise the
recent reduced number of deportable aliens apprehended is most likely due mainly to the downturn in the U.S. economy rather than due to the deterence created
by increased border enforcement.
One major effect of the increased border surveillance is an increase the charges that "coyote" smugglers charge to assist aliens who cross the border at
more isolated areas. The charge used to be about $300. Now it often exceeds $2000. Because of severe climate conditions at some of the frequent crossing
areas, there is a significant mortality rate. They have also had the effect of keeping immigrants from returning to Mexico because of the difficulty in
returning to the U.S. again. But they have not kept new immigrants from coming.
An additional aspect of border control is the creation of improved physical barriers or a "border fence". Effective barriers do exist in urban areas,
most notably between Tijuana and the San Diego area. Although there has been legislative support behind a concept of a complete barrier along the entire
border, neither the Bush Administration or the Obama Administration has prioritized the construction of such a barrier.
About half of the undocumented immigrant workers do not cross the border surreptitiously. Instead, they pose as tourists or temporary visitors (often
improperly using temporary border crossing cards issued to local border residents). These crossings have not been affected by increased border
surveillance.
Although border vigilance has intensified, there has been no corresponding increase in worksite enforcement. The vast majority of apprehensions occur at
the border and most of the interior apprehensions do
not occur from immigration raids at worksites. The decline in workplace enforcement has been the direct result of local political pressures in regions where
the economy is dependent on immigrant labor. There can be little doubt that a combination of workplace enforcement and the current level of border vigilence
would substantially reduce illegal immigration and perhaps virtually end it altogether.
Studies have shown that the volume of illegal immigrants is directly related to economic conditions in Mexico. Mexico has long had more people of
working age than jobs and unemployment there is about 20%. As Mexico's economy continues to grow and its birth rate slows, it is likely that illegal
immigration will decline significantly even if additional enforcement measures are not taken.
Most important, it is clear that the sanctions applied to employers have not succeeded in preventing migrants from obtaining employment. Moreover, many
undocumented workers find employment in the "underground economy" as gardeners, domestic workers and day laborers. Without a realistic prospect of
employment, these people would clearly not come to the country.
Virtually no one defends the status quo on the subject of illegal immigration. The hardships faced by Mexican nationals in coming to the U.S. for work
purposes are a reflection of a political need to show an attempt to control such immigration without seriously impeding businesses and individuals from
employing them. The individuals who come are doing so in violation of U.S. law at the expense of their countrymen who would like to immigrate but who
respect the law. The economic pressures associated with low wages and unemployment in Mexico together with its geographic proximity make such immigration
almost inevitable. About 1/8 of the Mexican working population of working age is employed in the U.S. and the U.S. agriculture industry is increasingly
dependent on undocumented workers.
What countries do immigrants come from and what states do they go to?
Legal immigrants to the U.S. primarily come from Latin America and Asia. The overwheliming majority of illegal immigrants come from Mexico and Central America. Prior to 1970, most immigrants came from Europe.
In the early 20th century, Asians were specifically excluded by
legislation. Moreover, a "quota" system, in effect during much of the 20th century limited immigration and gave preferential treatment to
European immigrants.
Legal immigrants tend to choose the large population states as their state of preference. California, New York, Texas and Florida contain the largest percentages of unauthorized
immigrants but, in contrast to 1990, this immigration has now
spread throughout the country.
How is immigration affecting the country?
Immigration is the main reason for U.S. population growth. Based on the current rate of immigration, U.S. population will increase substantially
increase by 2050 and 65% of this growth will be either the direct or indirect effect of immigration. Immigration will significantly affect the ethnic make-up of the population.
Whether these trends are positives or negatives is the subject of a national debate. The debate centers around these themes:
Advantages of immigration:
- Greater supply of unskilled workers Studies have indicated that because most immigrants occupy low-paying, low-skill jobs, their
presence is complementary. Because of their contributions, the overall economy is stronger and the wage level and standard of living of most native workers
is higher than would exist if they were not present. In particular, the high concentration of undocumented workers in the agricultural industry keep food
prices relatively low.
- A younger workforce The ratio of retired persons to workers will dramatically increase in coming decades which will require
significant adjustments in the Social Security system. (See Social Security) Immigrants and their children tend to be younger than natives. As a result, continued or greater immigration will slow the increase
of this important ratio.
- Skilled workers in needed sectorsImmigrants who arrive under the "employment preference" category often are employed in occupations which are
important. For example, 20% of U.S. doctors are foreign born. But critics of immigration policy note that this is because the supply of native doctors is
kept artificially low and that these doctors are probably even more essential to their native countries.
Disadvantages of immigration:
How do immigration policies differ in other countries?
Although U.S. immigration is substantial, other countries have adopted policies which encourage even greater immigration.  Canada has long encouraged immigration as a vehicle for economic
growth and its policies place greater emphasis on economic needs as a basis for recruitment of new immigrants. This is also true of Australia. Some
European countries, notably Germany, have begun to encourage immigration in recognition of a growing labor shortage which will continue as the native
population ages. Countries in Europe which had traditionally been emigrant countries, such as Ireland, Italy and Spain, are now beginning to experience net
immigration for the first time. Some European countries and Canada have guest worker programs which allow workers to temporarily immigrate and then return
to the country of origin.
What are current proposals to modify immigration policies?
There is some public sentiment for limiting future immigration by reducing the numerical limits for permitted entrants but this view does not
presently have major support in the Congress or with the Administration. The key issues are being considered are:
- Amnesty and guest worker programs
In January 2004, the Bush Administration proposed a solution to the undocumented problem in the form of a new guest worker program. In order to qualify
under this plan, the workers must have a job offer and the employer must show no Americans wanted the job. Under the plan, undocumented workers who gained
temporary-worker status would enjoy the rights and protections of legal workers. They could also apply for green cards, which convey permanent residency and,
potentially, citizenship. The workers must return to their home countries at the end of the term. Dependents of the temporary workers would be allowed in
the US if the workers could prove they could support their family. The workers would be allowed to move freely back and forth between the US and their home
country. The proposal has rekindled the immigration debate by pitting employers and many Hispanics who support the proposal against some elements of
organized labor and many conservative "America First" citizens who oppose it. The proposal does not have broad public support.
The Bush proposal has not been acted upon by Congress. The Republican platform advocates the approval of this plan and rejects any consideration of
amnesty. The Democratic platform indicates an opposition to the "second class" status proposed by the Bush plan but does not propose a legalized
alternative. Instead it advocates improving the level of government services to undocumented workers and their families and focusing border control efforts
on terrorist threats.
In the meantime, the overall number of legal immigrants continues to grow substantially contributing to an ever growing portion of the U.S. resident
population that is foreign born. There is little mainstream political opposition to the rate of legal immigration.
Where do Democrats and Republicans stand on immigration issues?
In general, Democrats vote to encourage immigration and Republicans are for greater enforcement at the border areas. But immigration is not a strictly partisan issue. Many business interests supported by Republicans rely on immigrant labor and and many labor interests supported by Democrats often take a protectionist position on immigration issues. Certain key votes during the last decade demonstrate this uneven pattern.
Immigration Links
Wikipedia-Illegal Immigration to the United States
Wikipedia-Immigration Reform
Wikipedia-Immigration
Office of Immigration Statistics
National Research Council Report
CRS Report - Immigration Issues in 112th Congress
Census Bureau Info
Immigration and Immigrants: Setting the Record Straight (Urban Institute)
Center for Immigration Studies
Numbers USA
American Patrol.com
FAIR - General issue page
Cato Study
International Centre for Migration Policy Development
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