Illegal immigration to the United States
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Illegal immigration to the United States refers to the act of moving to or settling in the United States temporarily or permanently in violation of U.S. immigration and nationality law with the intention of living and/or working in the U.S. The Immigration and Nationality Act governs immigration law. [1]
[edit] Definition and terminology
The Immigration and Nationality Act defines the term "alien" as “any person not a citizen or national of the United States.” It further defines the term “immigrant” to mean every alien not falling within a set of “classes of nonimmigrant aliens” spelled out in detail by the act, for example: diplomatic personal, students residing within the US to attend school, athletes attending athletic events, ship and aircraft crew members; and others residing or staying within the United Sates on a temporary basis. The act classifies aliens remaining within the US on a permanent basis as immigrants without regards to an individual’s legal status.<ref>see Definitions, Immigration and Nationality Act§101(3)& (15)[2]</ref>
The US Citizenship and Immigration Service (USCIS) website uses the following definitions: [3]
- "Immigrant" - A noncitizen who has been granted lawful permanent residence in the United States and is issued a Form I-551 (green card).
- "Illegal alien" - A noncitizen who has not been lawfully admitted to the United States or who has violated the terms of his/her lawful admission
- Nonimmigrant - A noncitizen admitted to the United States with a nonimmigrant visa or under the visa waiver program for a specified temporary purpose and time period. Common examples are tourists, students, and foreign government officials
The US Census Bureau collects data on foreign born populations to estimate net international migration to the U.S. The Census Bureau refers to any person who is not a citizen of the United States as "foreign born". This census population includes "naturalized U.S. citizens, lawful permanent residents (immigrants), temporary migrants (such as foreign students), humanitarian migrants (such as refugees), and people illegally present in the United States." [4] Note that immigrants and people illegally present in the United States are listed seperately and that this website does not utilize the term "alien" (either legal or illegal).
The Internal Revenue Service (IRS) adiministers and enforces the Internal Revenue Code which is the primary body of federal taxation law in the United States. <ref>see Internal Revenue Code of 1986, as amended [5]</ref> This body of law does not utilize the term "illegal alien". The IRS website [6] lists the following definitions for terms involving aliens
- Immigrant - an alien who has been granted the right by the USCIS to reside permanently in the United States and to work without restrictions in the United States. Also known as a Lawful Permanent Resident (LPR). All immigrants are eventually issued a "green card" (USCIS Form I-551), which is the evidence of the alien's LPR status. LPR's who are awaiting the issuance of their green cards may bear an I-551 stamp in their foreign passports.
- Nonimigrant - an alien who has been granted the right by the USCIS to reside temporarily in the United States.
- Illegal Alien - Also known as an 'Undocumented Alien,' is an alien who has entered the United States illegally and is deportable if apprehended, or an alien who entered the United States legally but who has fallen 'out of status' and is deportable.
An “immigrant” is thus defined on this website page to only include persons legally residing in the United States.
In one report published by the USCIS, unauthorized immigrant is defined as “foreign-born persons who entered without inspection (EWI) or who violated the terms of a temporary visa or pass and who have not acquired Legal Permanent Resident (LPR) status or gained temporary protection against removal by applying for asylum. For example, the following foreign-born persons are not considered to be unauthorized residents in these estimates: legally recognized refugees, asylees, and parolees who have work authorization but have not yet been adjusted to LPR status; and aliens who are allowed to remain and work in the United States under various legislative provisions or court rulings. [7].
According to one poll, a majority of the public prefers the term "illegal alien". The poll, conducted in 2004 by Republican strategy firm<ref>http://www.washtimes.com/national/20030613-124442-7746r.htm</ref> Andres McKenna Polling and Research, found that 73% of respondents deem noncitizens "illegal aliens". 25% preferred the term "undocumented workers".<ref>http://www.washingtontimes.com/national/20040316-102247-3747r.htm</ref>
The Migration Policy Institute, which has an international focus on studying migration patterns, uses the terms illegal alien, unauthorized immigrants, unauthorized worker, illegal workers, and willing workers in one report, but neither defines the terms nor states whether or not they should be considered to be synonymous. [8].
| Illegal Alien Info | |||
|---|---|---|---|
| Education Profile | Number | Percent | |
| Less than 12 yr. | 6,700,000 | 67.0% | |
| High School | 3,000,000 | 30.0% | |
| College Graduate | 300,000 | 3.0% | |
| Total Illegal Pop. | 12,000,000 | Jan 2006 | |
| Total Working | 7,500,000 | ||
| Criminals Caught | 202,842 | 2004 | |
| Criminals Deported | 88,895 | 2004 | |
| Caught and Released | 1,010,000+ | 2005 | |
| Illegal Aliens/year | 1,500,000+ | Total | |
| Voluntary returns/year | - 200,000+ | 2005 | |
| Change of Status/year | - 600,000+ | 2005 | |
| Net Increase/year | 700,000+ | Illegal Aliens | |
| Net Increase/day | ~2,000+ | Illegal Aliens | |
| Source: Pew Hispanic Data Estimates[9] A Description of the Immigrant Population [10] | |||
[edit] Population
The actual number of illegal aliens is uncertain because of the difficulty of actually counting illegal aliens who often do not want to be counted. There are no national surveys, administrative data, or other sources of information that directly provide accurate estimates of this population[11]<ref>MICHAEL HOEFER. "Estimates of the Unauthorized Immigrant Population Residing in the United States: January 2005", US Department of Homeland Security, Office of Immigration Statistics, Policy Directorate, August 2006, p. 1.</ref>.
Investigative journalists Donald L. Barlett and James B. Steele, state in Time magazine in its September 12, 2004 issue, "It's fair to estimate, based on a Time magazine investigation, that the number of illegal aliens flooding into the U.S. this year will total 3 million/year - enough to fill 22,000 Boeing 737-700 airliners, or 60 flights every day for a year."<ref>http://www.time.com/time/magazine/article/0,9171,995145-5,00.html</ref>
One method of estimating this population is called the “residual methodology” where the reported census number of self proclaimed foreign born people in the U.S. census is subtracted from the known number of legal immigrants to obtain the illegal alien (residual) population<ref>Jeffrey S. Passel. "Unauthorized Migrants: Numbers and Characteristics", Pew Hispanic Center, June 2005, p. 7.</ref>. This methodology is used by the US Department of Homeland Security, Pew Hispanic Center, the Census Bureau and others. Since illegal aliens have many reasons for not answering the census correctly and no penalties for answering the census incorrectly a direct subtraction has a well known source of under count error and has to be corrected. All known users of this methodology correct the foreign born population (~ 35-50 million) by 10-40% (3-12 million) to account for this under count effect. Critics claim this correction is in error--whatever size correction is used.
Using the residual methodology with a minimal 10% foreign born undercount correction (reason for correction size unstated) for the 2000 Census and a 700,000 net illegal alien increase/year assumption and data from the March 2004 Current Population Survey [CPS Survey] (U.S. Census Bureau and Department of Labor) Pew came up with 10.3 million illegal aliens in 2004. Assuming the same rate of growth Pew estimates this population reached at least 11 million as of March 2005 <ref>Jeffrey S. Passel. "Estimates of the Size and Characteristics of the Undocumented Population", Pew Hispanic Center, March 21, 2005.</ref>.
The Pew Hispanic Center (Estimating the Size and Characteristics of the Undocumented Population; Figure 3) estimates that in the 1980’s the net advance of illegal aliens was at the 130,000 per year increasing to 450,000 /year from 1990-94, and further increasing to 750,000 /year from 1995-1999 and staying at 700-850,000+ /year since about 2000. Illegal Mexican immigration amounts to about 500,000 /year of this influx since about 1999. According to the same Pew Hispanic Center study as of March 2005, the illegal alien population had reached 11 million or more including more than 6.5 million illegal Mexicans (~60% of all illegal immigrants). Assuming the same rate of growth as in recent years gives about 12,000,000 illegal aliens in the United States as of January 2006, increasing at 700-850,000 per year with illegal Mexicans amounting to about 60%+ (~7+ million) of the total by 2006 and an ever increasing percentage as time progresses. By September 2006 the illegal population is thought to be about 13 million. About one-sixth of the illegal alien population--about 2.0 million people--is under 18 years of age.
The number of Mexican legal immigrants and Mexican illegal aliens in the United States has grown quite rapidly over the past 35 years, increasing almost 15-fold from about 760,000 in the 1970 Census to more than 11 million in 2004—an average annual growth rate of more than 8 percent, maintained over more than 3 decades. This remarkable growth has been largely driven by the encroachment of illegal aliens. On average the net Mexican population living in the United States has grown by at least a half million people a year over the past decade. About 80 to 85 percent of the immigration from Mexico and Central America in recent years has been illegal. (Pew report Figure 4 and page 2)
After 2000 the estimation of the growth of the illegal population becomes more difficult because of a lack of good information. The rate of growth of the illegal population is estimated with the Consumer Price Survey data [2004] which suffers from the same under counting problems of the Census plus the problem of a much smaller statistical sample used of only 10-20,000. Its accuracy may well be suspect for lack of a truly representative "random" sample and well known non-random distribution of the illegal immigrant populations. Using these techniques Pew comes up with from 12+ million illegal aliens in January 2006 with an estimated growth rate of 700,000 to 850,000 net illegal aliens per year . This is the so called "consensus" number used by most reporters. The unstated cumulative error in total illegal aliens by 2006 could easily be an additional 8 million illegal aliens or more and the error in the growth rate since 2000 could also be very large but again is unstated by Pew and others. There is a high probability of the illegal alien population's size in 2006 being significantly larger than the 12 million predicted as all additional information points to a significant increase (300+ %) in the advance rate of illegal aliens after 2000 not a reduction as initially predicted by Pew.[citation needed]
In 2006 legal immigrants to the United States now number approximately 1,000,000 legal immigrants per year of which about 600,000 are Change of Status immigrants who already are in the U.S. Legal immigrants to the United States are now at their highest level ever at over 35,000,000. Net advance by illegal aliens has also soared from about 130,000 per year in the 1970's, to 300,000+ per year in the 1980's to over 500,000 per year in the 1990's to over 700,000 per year in the 2000's. Total entrance by illegal aliens may be as high as 1,500,000 per year [in 2006] with a net of at least 700,000 more illegal aliens arriving each year to join the 12,000,000 to 20,000,000 that are already here. (Pew Hispanic Data Estimates[12], [13])
The Office of Immigration Statistics in the Department of Homeland Security using U.S. Census estimates (that nearly all researchers believe are too low) that 10.5 million illegal aliens were living in the United States in January 2005 and that the number grew at a national average of 408,000 a year. Every time they have revised their numbers it is to a significantly higher estimate.
| Mexican Remittances and Illegal Population Growth | ||||||
|---|---|---|---|---|---|---|
| Year | * Remittances Billions | Remittances % Increase per year | Illegal ** Mexicans Millions | Illegal Increase thous./yr | Pew *** est. thous./yr | |
| 1995 | 3.673 | 3.000 | ||||
| 1996 | 4.224 | 15.0% | 3.450 | 450 | 400 | |
| 1997 | 4.865 | 15.2% | 3.974 | 524 | 400 | |
| 1998 | 4.744 | -2.5% | 3.875 | -99 | 400 | |
| 1999 | 5.910 | 24.6% | 4.827 | 952 | 400 | |
| 2000 | 6.573 | 11.2% | 5.369 | 542 | 500 | |
| 2001 | 8.895 | 35.3% | 7.265 | 1,897 | 500 | |
| 2002 | 9.814 | 10.3% | 8.016 | 751 | 500 | |
| 2003 | 13.396 | 36.5% | 10.941 | 2,926 | 500 | |
| 2004 | 16.613 | 24.0% | 13.569 | 2,628 | 500 | |
| 2005 | 20.035 | 20.6% | 16.364 | 2,795 | 500 | |
| Non-Mex. | 4.0 to 6.0 | |||||
| Total | illegal | Aliens | 20.0 to 22.0 | million | ||
| Assumes the amount of remittances from the U.S. is proportional to the number of Mexican's living in the U.S. As can be seen the Pew and Bear Stern numbers are in basic agreement to about 2000. Total remittances in 2005 were about 20 billion. Sources: * Banco de Mexico[14] ** Bear Stern’s investigators [15] *** Pew data [16] | ||||||
Bear Stern’s investigators <ref>"The Underground Labor Force Is Rising To The Surface", Bear Sterns Asset Management, January 3, 2005.</ref> came up with another way to attack this very difficult problem. They made the assumption that the amount of remittances (money sent back to Mexico) is directly proportional to the number of Mexican immigrants in the United States. Other data used for their estimates are the increases of households and school enrollment in Mexican immigrant communities. They conclude that the number of illegal aliens in the United States may well be twice the official number put out by the U.S. Census of 9 million and may be 20 million people or higher. Information from The Mexican Central Bank and (U.S. Federal Reserve Banks) details the remittances and shows their growth [17]. According to that data, remittances stayed fairly stable until 2000 when a steady and dramatic increase began. The change in remittances between 1997 and 1999 is most likely a problem in accounting — the three year average is still about 450 thousand/year consistent with other data. The agreement with the Pew estimate is reasonably good up to 2001 where there is a significant difference — just where the Pew and Census data becomes harder to extrapolate because of lack of good data. Using this technique Bear Sterns investigators come up with a possible illegal population of 20 million or greater. (See figure for calculation) Other data confirming their estimates are the dramatic increases of households and school enrollment in Mexican immigrant communities (read their report for more details). Border Arrest data do not show this dramatic increase in apprehensions.
According to the Bureau and Transportation statistics [18]there are over 200,000,000 "legal" border crossing from Mexico each year, ~80% by automobile.
The number of illegal aliens emigrating [leaving] the U.S. is estimated at about 240,000 /year (~20% of illegal population) [19]
[edit] Methods of entry
[edit] Border crossing
That Pew Hispanic article goes on to state, "The rest of the unauthorized migrant population, somewhat more than half, entred the country illegally. Some evaded customs and immigration inspectors at ports of entry by hiding in vehicles such as cargo trucks. Others tracked through the Arizona desert, waded across the Rio Grande or otherwise eluded the U.S. Border patrol which has jurisdiction over all the land areas away from the ports of entry on the borders with Mexico and Canada." Available online (PDF) meaning that they crossed a border without passing possible criminal or health inspection or having a valid passport and visa inspected by an immigration officer at a Port of Entry (POE). According to a Time magazine report (dated Sept 12, 2004), "They turn the land to a vast latrine, leaving behind revolting mounds of personal refuse..They steal vehicles..They poison dogs to quiet them."<ref>The full quote is as follows "When the crowds cross the ranches along and near the border, they discard backpacks, empty Gatorade and water bottles and soiled clothes. They turn the land into a vast latrine, leaving behind revolting mounds of personal refuse and enough discarded plastic bags to stock a Wal-Mart. Night after night, they cut fences intended to hold in cattle and horses. Cows that eat the bags must often by killed because the plastic becomes lodged between the first and second stomachs. The immigrants steal vehicles and saddles. They poison dogs to quiet them. The illegal traffic is so heavy that some ranchers, because of the disruptions and noise, get very little sleep at night."</ref>
Crossing the border without a valid passport and U.S. visa is a misdemeanor for the first offense and a felony for subsequent violations[citation needed]. The first offense is punishable only by deportation, and in practice future offenses are only punishable by deportation and a ban on entering the U.S. legally in the future[citation needed]. Those who are caught illegally trespassing U.S. territory are usually fingerprinted and immediately returned, unless they are a repeat offender, in which case they may be criminally prosecuted. H.R. 4437 would have made the first offense of crossing the border illegally a felony.
“A growing number of illegal aliens who cross our land borders arrive under the auspices of sophisticated alien smuggling operations, often connected to organized crime.” [20]<ref>MICHAEL HOEFER. "Estimates of the Unauthorized Immigrant Population Residing in the United States: January 2005", US Department of Homeland Security, Office of Immigration Statistics, Policy Directorate, August 2006.</ref> According to a report by the Subcommittee on Immigration and Claims, Committee on the Judiciary on 1997, "Through other violations of our immigration laws, Mexican drug cartels are able to extend their command and control into the United States. Drug smuggling fosters, subsidizes, and is dependent upon continued illegal immigration and alien smuggling."<ref>ORDER SECURITY AND DETERRING ILLEGAL ENTRY INTO THE UNITED STATES WEDNESDAY, APRIL 23, 1997, House of Representatives, Subcommittee on Immigration and Claims, Committee on the Judiciary</ref> Another large scale multi-million dollar criminal operations connected to illegal immigration is identity theft. [21] The higher crime rates associated with all this traffic has led to extensive efforts on the part of individual sheriffs and communities trying to prevent further damage to their property and communities. [22], [23], [24], [25] [26]
Border Patrol activity is concentrated around big border cities such as San Diego and El Paso which already have separation barriers and extensive Border Agent coverage. The main effect has been to drive illegal immigration to less well defended parts of the border and drive the cost of illegal immigration up as more and more illegal aliens employ expensive “Coyotes” and their criminal associates. Some of the traffic has spread away from the dangerous Tucson districts deserts where over a hundred illegal aliens have died so far this year compared to 153 in 2005. [27] In 2006 the number of apprehensions on the border is almost the same as last year through 16 July 2006 at 936,000 [28]. However, according to many US Border Patrol agents, they were instructed by their leadership to "keep new arrests to an "absolute minimum" to offset the effect of the Minuteman vigil, adding that patrols along the border have been severely limited" as one US Border Patrol agent put it [29].
Each state in the United States has a National Guard organization that could, in principal, be placed on the border at a state governor's discretion to assist with border security; many states also have a backup to the National Guard called the State Defense Force that could, in an emergency, also be activated for this purpose. Arizona and New Mexico have currently declared the counties that border Mexico to be under serious duress caused by uncontrolled illegal alien traffic, thereby enabling governors to deploy National Guardsmen to the international border. Arizona has exercised this option but New Mexico has not.
In an article published by Renew America, a website which defines itself as a "Alan Keyes' website for grassroots activism -- designed to foster a nationwide movement to restore America to its founding ideals", former US Border Patrol Supervisor David Stoddard asserts that "The whole U.S.-Mexico border could be sealed with as few as 100 helicopters equipped with FLIR (forward looking infrared) scopes, and a few hundred men equipped with state of the art sensors, scopes and other electronics..." [30]
In 2006 the Senate approved 370 miles of new double- and triple-layered fencing and 500 miles of vehicle barriers and then refused to fund them. In December, the House voted for 700 miles of new barriers. Neither was able to reach a compromise bill. There is no assurance that if built, these new layers of protection will reduce the flow of illegal migrants from Mexico.
It is estimated that over a million people cross the border illegally each year, most of whom are of Mexican origin{fact}. The rest are labeled "Other Than Mexicans" (OTM), of whom a majority are Central Americans{fact}.
See also United States–Mexico border, United States-Canada border.
Immigrants from nations that do not have automatic visa agreements, or who would not otherwise qualify for a visa, sometimes cross the borders illegally. Individuals from North Korea, Libya, Cuba, Syria, Sudan, and Iran are required to submit to strict questioning from U.S. officials before their applications are processed. Their applications take longer to process than those for visitors and immigrants from other countries. [31]
Often, these individuals enter from a land border using falsified documentation from a third country. For instance, Ahmed Ressam, a member of Al Qaeda, originally from Algeria, entered Canada with a falsified French passport. Once in Canada, he procured a false Canadian passport to enter the United States. In the case of Cuba, the U.S. offers political asylum to many Cubans, but they first must reach U.S. soil. [32]
[edit] Overstays
A visa overstayer is someone who has entered the United States legally and then illegally overstayed his or her visa or violated the restrictions on Border Crossing Card (BCC) or laser visa. Fraudulent and forged visa and BCC passes are included in this category. An estimated average 40-60% of all illegal aliens to the U.S. entered this way. The number of overstayers varies considerably from country to country depending on the location of the country, the cultural, political, social and economic conditions in a given country in a given time. The PEW Hispanic institute reported [33] that the INS had developed statistics that showed 3.2% of all Central and South America visas are overstayed. A U.S. General Accounting Office (GAO) study gives estimates for all countries showing that China, India, Korea, and the Philippines had violation rates as high as 8%.[34] In general the poorer the country they came from the more likely the foreign visitor was to violate their visa.
GAO estimated that 40-60% of all Mexican illegal aliens got here by violating their border crossing document's conditions. [35] In operation Tarmac where ICE and DHS checked airport employees for legal employment they found 27% of the over 4900 violators found were visa or BCC violators. In one of the rare ICE check ups on a grocery chain they found that over 57% of the several hundred violators were visa overstayers or BCC violators (Overstay Tracking Is a Key Component of a Layered Defense) patrol officials believe Visa violator numbers would increase if it became more difficult to illegally sneak across the border as illegal border crossers switched techniques. About 33% of all Central American illegal aliens came by overstaying their visa with the rest traveling through Mexico to reach the border and then crossing illegally. At least 95+% of all illegal South American, European, and Asians got here by overstaying their visa. (The other ~5% represent illegal aliens smuggled by ship or plane) An increasing number of illegal aliens are now flying to Mexico or Canada [verification needed] and then crossing the border illegally by foot or car. The ICE agents on the border report a 52% increase in border violators caught that are Other Than Mexican (OTM). The two main sources of illegal visa violators are Mexico and Canada[verification needed] which the U.S. has a large amount of cross border traffic with. Other estimates done by the GAO show that the overstayers and BCC violators from Mexico alone in the year 2001 may exceed 2,000,000 /year. [36] The latest ICE statistics show that they captured 30,000 Brazilians after they crossed the U.S. Mexican border illegally for the first time in 2004. Two of the terrorists behind the September 11, 2001 attacks were visa overstayers. The federal government historically has not extensibly checked up on visa holders once they are in the country; but visa checks has been used extensively after 9 September 2001 to check up on illegal aliens from countries with large populations sympathic to terrorists. Several hundred visa violators were deported and several thousand more left voluntarily rather than face deportation hearings. [citation needed]
To help improve the lack of good information on visa overstayers the new US-VISIT program collects and retains biographic, travel, and biometric information, such as photographs and fingerprints, of foreign nationals seeking entry into the United States as well as requiring electronic readable passports containing this information. Information collected is checked against lookout databases to ensure that known or suspected terrorists, criminals, and previous U.S. immigration law violators are not admitted. [37] and then checked against their eventual departure. US-VISIT entry procedures have been operational in the secondary inspection areas of the 50 busiest land border ports of entry since December 29, 2004, and are also in place at 115 airports and 15 seaports.[38] Early in 2007 the DHS is hoping to replace the laser visa or boundary crossing cards with People Access Security Service (PASS) card, as a secure identity document for people traveling to or from Canada or Mexico. [39] These would include Radio Frequency Identification Data (RFID) for ease of transit and security.
Visa overstayers violators tend to be somewhat more educated and be better off financially than those who walked crossed the border illegally. [40] The financial and education status of the thousands of BCC or laser visa violators is unknown; but is probably very similar to the illegal border crossers who walked across since they both come from the same population base.
One common means of visa overstaying was coming to the U.S. on a student visa and not going to school or not leaving the country after finishing school. [41] The number of foreign students in the United States is over 600,000. However, this practice has been curtailed with the introduction of SEVIS, whereby the universities electronically report any no-shows and irregularities to U.S. Immigration and Customs Enforcement.
[edit] Employing illegal aliens
Some major companies have been accused of hiring undocumented workers.
- Tyson Foods was accused of actively importing illegal labor for its chicken packing plants, but a jury in Chattanooga, Tennessee acquitted the company after evidence was presented that Tyson Foods went beyond mandated government requirements in demanding documentation for its employees.
- Wal-Mart was convicted of using illegal sub contracted janitorial workers, though it claimed they were hired by a subcontractor without company knowledge or permission.
- Linda Chavez, Zoe Baird and Tom Tancredo are among those accused of hiring illegal aliens, the resulting scandals sometimes being dubbed "Nannygate". In Tancredo's case, a home contractor allegedly hired illegal alien
[edit] Government response
Staffing levels and priorities of finding illegal employers clearly reflect the low priority assigned to workplace enforcement by the Immigration services. Since 1986 the United States has had legislation that penalizes employers who knowingly hire unauthorized foreign workers, but enforcement of employer sanctions has always been at a token level. The provision of the 1986 law that provides sanctions for ‘knowingly’ hiring unauthorized aliens contains no requirement that employers verify the authenticity of documents presented by job applicants. To reduce the magnet of US jobs, more vigorous worksite enforcement aimed at larger employers would have to be coupled with systematic efforts to remove unauthorized aliens found to be employed by such firms from the labor market and the country. Without such ‘removal’ efforts, targeted workplace enforcement simply scatters unauthorized workers to other employers and industries. [42]
Both through the appropriations process and in its reluctance to close a giant loophole in the 1986 Immigration Reform and Control Act on acceptable employment documents that virtually precludes successful prosecutions of employers, the US Congress has sent very clear signals to the executive branch that what truly matters in the immigration control game is border enforcement—not interior enforcement. [43]
[edit] U.S. Citizenship and Immigration Service employes controversies
[edit] Sex and bribes in return for entry
In September 2005, the U.S. Citizenship and Immigration Service reported that there were over 2,500 cases of their employees facing misconduct charges involving exchanging immigration benefits for sex, bribery, and influences by foreign governments to assist in violations of U.S. border security. In addition, another 50 such cases are being added weekly. These include cases turned over to the CIS and might not be the complete list according to sources speaking to the Washington Times [44]. Several other news agencies have also reported known cases of the U.S. Border Patrol supporting trespassing of U.S. borders. <ref>Border agent accused of hiding an illegal entrant</ref> <ref>U.S. border agent indicted</ref>. Agents have also been discovered to be illegal aliens themselves conspiring to smuggle illegal aliens.<ref>Border agent said to also be smuggler</ref>
A CNN report by Lou Dobbs aired on October 3, 2005 reads: <ref>Transcript, Lou Dobb Tonight Retrieved Auf 2006</ref>
Alarming charges are being leveled tonight against the agency that makes key national security decisions about just who wins U.S. citizenship. Critics say the U.S. Citizenship and Immigration Service is plagued by employee misconduct, corruption, and may be giving green cards to foreigners who threaten our national security.
Not only have charges been filed, in some cases, the Border Patrol agents have pled guilty (such as the case of Pablo Sergio Berry<ref>Border agent pleads guilty to harboring illegal entrant</ref>) or been found guilty in a court of law (such as the case of Oscar Antonio Ortiz who was found to have smuggled more than 100 aliens across the border<ref>Border Agent Gets 5 Years for Smuggling ABC News. July 28, 2006</ref>.
[edit] Allegations of abuse
In addition, there are allegations of abuse such as the ones reported by Jesus A. Trevino, that concludes in an article published in the Houston Journal of International Law (2006) with a request to create an independent review commission to oversee the actions of the Border Patrol, and that creating such review board will make the American public aware of the "serious problem of abuse that exists at the border by making this review process public" and that "illegal immigrants deserve the same constitutionally-mandated humane treatment of citizens and legal residents". <ref>Trevino, Jesus A. Border Violence against Illegal Immigrants and the Need to Change the Border Patrol's Current Complaint Review Process, Houston Journal of International Law, Vol. 21.1 (1998): pp.85, 8 Aug. 2006. "What is required is a permanent independent review commission to investigate complaints of Border Patrol abuse. An independent review commission would ensure impartial and thorough investigations, and it would hold Border Patrol agents accountable for their actions. The internal nature of the Justice Department's current complaint review procedure keeps most Americans uneducated about the problems of abuse that exist at the border. This in turn creates an attitude of indifference when a few of the incidents reach the media. Creating an independent citizen review board would make the American public aware of the serious problem of abuse that exists at the border by making this review process public. Illegal immigrants deserve the same constitutionally-mandated humane treatment expected by American citizens and legal residents. Border Patrol abuse of illegal immigrants must end."</ref>
According to an article written by Michael Huspek, Leticia Jimenez, and Roberto Martinez(1998), the head of the INS Office of Internal Audit, John Chase, stated in December, 1997 that serious allegations of abuse and use of excessive force that could warrant criminal prosecution were down in 1997 from 328 to 243, but that allegations of minor misconduct, such as 'verbal abuse, discrimination, extended detention without cause' were up from 1,813 to 2,300 complaints.<ref> Huspek, Michael, Jimenez, Leticia, Martinez, Roberto Violations of Human and Civil Rights on the U.S.-Mexico Border, 1995 to 1997: A Report, Social Justice, Vol. 25, 1998. "The data compiled in this report suggest that law enforcement in the southwest region of the United States may be verging on lawlessness. This statement receives fuller support from announcements emanating from the INS. In December 1997, John Chase, head of the INS Office of Internal Audit (OIA), announced at a press conference that public complaints to the INS had risen 29% from 1996, with the "vast majority" of complaints emanating from the southwest border region. Over 2,300 complaints were filed in 1997 as opposed to the 1,813 complaints filed in 1996. Another 400 reports of "minor misconduct" were placed in a new category. Chase was quick to emphasize, however, that the 243 "serious" allegations of abuse and use of excessive force that could warrant criminal prosecution were down in 1997, as compared with the 328 in 1996. These "serious" cases are considered to be distinct from less serious complaints, such as "verbal abuse, discrimination, extended detention without cause."</ref>
[edit] Profile summaries
| Profile Summaries of Illegal Aliens January 2006 | |||||||
|---|---|---|---|---|---|---|---|
| Job Category | % of Illegal Alien | % of Native -1 w/8+ yr sch. | % of Average Native | # Illegal Alien | # Native 8+ yr sch. | # Average Native | |
| Managerial / Self Employed | 1.50% | 5.9% | 32.2% | 108,000 | 758,000 | 33,810,000 | |
| Retail / Business | 4.90% | 15.2% | 29.2% | 352,800 | 1,952,700 | 30,660,000 | |
| Service Private | 1.20% | 1.0% | 0.3% | 86,400 | 128,500 | 315,000 | |
| Farm Mgr | 1.60% | 1.6% | 1.1% | 115,200 | 205,600 | 1,155,000 | |
| Service Retail | 18.20% | 20.3% | 10.3% | 1,310,400 | 2,607,900 | 10,815,000 | |
| Farming -2 | 17.50% | 2.9% | 1.0% | 1,260,000 | 372,600 | 1,050,000 | |
| Production | 22.0% | 20.1% | 11.9% | 1,584,000 | 2,582,200 | 12,495,000 | |
| Construction | 33.0% | 33.1% | 14.0% | 2,376,000 | 4,252,400 | 14,700,000 | |
| Total # Working | 7,500,000 | 12,847,000 | 108,000,000 | ||||
| Labor rate of Participation -3 | 82% | 46.3% | 66.30% | ||||
| Unemployment Rate | 7.0% | 7.0% | 4.10% | ||||
| Country Profile | Sex / age Profile | Worker profile | |||||
| Mexican | 6,840,000 | 57% | men 18-39 | 5,300,000 | 43.7% | 4,500,000 | 80% |
| Latin & Central Amer. | 3,000,000 | 25% | women 18-39 | 3,500,000 | 29.1% | 2,000,000 | 60% |
| Asia | 1,080,000 | 9% | more than 40 | 1,300,000 | 10.7% | 1,000,000 | 80% |
| Europe + Canada | 720,000 | 6% | less than 18 | 2,040,000 | 17.0% | 200,000 | 10% |
| Rest of World | 480,000 | 4% | Born / yr. | 300,000 | |||
| Totals Jan 2006 | 12,100,000 | Total Pop. | 12,400,000 | Total Working | 7,500,000 | ||
| Net Rate of Increase / year | 700,000+ | Illegal | Immigrants | See Note 7 | |||
| Net Rate of Increase / Month | 60,000+ | Illegal | Immigrants | ||||
| Net Rate of Increase / Day | ~2,000+ | Illegal | Immigrants | ||||
- Native Population that most closely matches Illegal alien population is workers that never graduated from high school.
- Farm work is the only job category that illegal aliens uniquely fill; but it does have a 30,000 H2-A visa program for it!
- Rate of Participation is fraction of total population seeking work
- Average Education of illegal aliens may be less if the ~30% Central American's are included.
- How many criminals turn around after deportation and return is unknown; but it is significant that ICE catches more than they deport.
- Estimated number may be low by several hundred thousand
- Other estimates of net increase are over 850,000 illegal aliens / year.
Information Sources:
- [45] Estimates of the Size and Characteristics of the Undocumented Population
- [46]A Description of the Immigrant Population
- [47] Labor Participation less than High School
- [48] Economy Slowed, But Immigration Didn't
- [49] Immigration Enforcement Actions: 2004
- [50] The Labor Force Status of Short-Term Unauthorized Workers
- [51] Labor Statistics
[edit] Economic Impact
[edit] NSF study
In 1990 the U.S. Congress appointed a bipartisan Commission on Immigration Reform to review the nation's policies and laws and to recommend changes<ref>"U.S. Commission on Immigration Reform", University of Texas, Lyndon B. Johnson School of Public Affairs, 1998.</ref>. In turn, the commission in 1995 asked the National Research Council of the National Science Foundation to convene a panel of experts to assess the demographic, economic, and fiscal consequences of immigration. The National Research Council (NRC) of the National Academy of Sciences evaluated the economic impact of immigration in its landmark 1997 study The New Americans: Economic, Demographic, and Fiscal Effects of Immigration<ref>James p. Smith, Chair. "The New Americans: Economic, Demographic, and Fiscal Effects of Immigration", Nacional Academy of Science, 1997.</ref>.
| Education, Income and Taxes | ||||||
|---|---|---|---|---|---|---|
| Source of Immigrant | Europe/ Canada | Asia | Latin America | Other | U.S. / CA | |
| Years of Education * | 14.2 | 14.7 | 9.2 | 12+ | 14.4 | |
| Household Income * | $42k | $57k | $32k | $42k | 42k | |
| Effective Federal tax rate ** | 18.7% | 22% | 5% | 18.7% | 18.7% | |
| Effective State tax rate *** | 10% | 12% | 9% | 10% | 10.9% | |
| Average Federal taxes | $7.9k | $12.5k | $1.6k | $7.9k | $7.9k | |
| Average State taxes | $4.2k | $6.8k | $2.9 | $4.2k | $4.5k | |
| Source: * Census data [52] **Average federal tax data from CBO estimates of effective Federal tax rates [53] ***State taxes are from California Statistical Abstract [54] Note: Most of the Federal and state taxes are paid by households earning significantly more than average. | ||||||
The panel was asked to lay a scientific foundation for policymaking on some specific Immigration issues. [55] The panel consisted of over 15 well respected professors from highly ranked universities[56]. The National Science Foundation panels charge was to address three key questions:
- What is the effect of immigration on the future size and composition of the U.S. population?
- What is the influence of immigration on the overall economy?
- What is the fiscal impact of immigration on federal, state, and local governments?
The NSF report by these 15+ researchers was issued after 3 years study and called “The New Americans: Economic, Demographic, and Fiscal Effects of Immigration” (1997) Edited by James P. Smith and Barry Edmonston, ISBN 0-309-06356-6. The book is available on line at [57]. The enclosed table summarizes some of the National Academy of Sciences main conclusions.
| National Science Foundation Immigrant Economics Federal State Local Net Annual Gain (Cost) per Household [1996] | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Source of Immigrant | Europe/ Canada | % | Asia | % | Latin America * | % | Other | % | All ** | Hshlds. | Total Cost *** $Billions </br> | |
| California | $1,631 | 26% | $1,081 | 25% | ($7,206) | 43% | $3,313 | 6% | ($2.206) | 9.2 mill. | ($20.0) | |
| New Jersey | $449 | 26% | $2,022 | 25% | ($5,625) | 43% | $3,052 | 6% | ($1,613) | 9.2 mill. | ($15.0) | |
| Illegal alien Economics 2005 **** Gain or (Cost) per household and Total Cost</br> | ||||||||||||
| California | $1,631 | 6% | $1,081 | 9% | ($7,206) | 81% | $3,313 | 4% | ($5,509) | 4 mill. | ($22.0) | |
| New Jersey | $449 | 6% | $2,022 | 9% | ($5,625) | 81% | $3,052 | 4% | ($4,225) | 4 mill. | ($17.0) | |
| Average | $1,040 | 6% | $1,551 | 9% | ($6,415) | 81% | $3,183 | 4% | ($4,867) | 4 mill. | ($19.5) | |
| National Science Foundation Immigrant Economics Federal, State, Local Total Net Annual Gain (Cost) Updated to [2005] | ||||||||||||
| Source of Immigrant | Europe/ Canada | Asia | Latin America * | Other | All ** | Total Cost *** </br> | ||||||
| Immigrants to 2005 ****</br> | $Billions | % | $Billions | % | $Billions | % | $Billions | % | Households</br> | $Billions | ||
| All to '96***** | $2.5 | 26% | $3.6 | 25% | ($25.3) | 43% | $1.8 | 6% | 9.2 | million | ($18.0) | |
| Legal ‘97-05 | $0.5 | 17% | $1.4 | 33% | ($7.2) | 43% | $0.6 | 6% | 2.6 | million | ($5.0) | |
| Illegal ‘97-05 | $0.2 | 6% | $0.3 | 9% | ($12.1) | 81% | $0.3 | 4% | ~2.3 | million | ($11.0) | |
| TOTAL 2005 | $3.2 | $5.3 | ($44.6) | $2.7 | 14.1 | million | ($34.0) | |||||
| Source: The New Americans, National Science Foundation Table 6.4, pg 284[58] * Red data in parenthesis means this is the calculated cost over and above tax payments by legal and illegal aliens to other taxpayers per household [3] Total costs considered average of New Jersey and California state calulations. No adjustments for price or tax changes since 1996, assumes 3/household; percent distribution info from Pew Hispanic ** All costs are the net prorated costs for all immigration. *** Total costs calculated for all U.S. non-citizen immigrants, legal and illegal, 9.2 million households 1996 ****All Immigrants to 2005 in millions,Legal immigrants from Immigration Yearbook 2005 Table 3, Illegal immigrant info from Pew Hispanic *****Costs average of California and New Jersey Data indicates the number of illegal aliens has been equal or greater than legal immigration since about 1995. Foreign born citizens granted citizenship not included. | ||||||||||||
Critics of the NPR/NSF panel say they addressed only the economic effects of immigration mostly in terms of labor, prices and economic growth and should have included an environmental impact statement including a lot wider spectrum of specialists like environmentalists, fisherery experts, biologists, educators, ethicists, labor experts etc. The report did find that the least skilled Americans have suffered the most from the competition with immigrants and that African-Americans and legalized Hispanices with their lower average levels of education have been harmed the most, but it dismissed that as a serious problem because less than a majority of U.S. citizens are directly affected. The NSF panel did find that immigration may lower some prices (~0.1% on average) but lower prices require the assumption of generally lower wages for some or of higher investment levels in industry which is precisely what cheap wage immigration discourages. Many studies escape from this dilemma, if that is the word, by resorting to the familiar argument that immigrants fill "jobs American won't take." They ignored the fact that, nationwide, all the job categories: even farm workers, service industries, construction etc. are still filled largely by Americans. The so called shortage of labor to fill some of them and the reason that hourly U.S. real wages have been falling almost every year since 1975 is that desperate immigrants will work for wages that Americans don't want to work for. Even the NSF study seems to assume that increased GDP is a net good ignoring the fact that the lower wages and lower taxes collected from the typical illegal alien result in a lower GDP/capita. The reason that many like illegal aliens is that they typically work cheaper than natives, have few legal rights, are pliant and much of their "real" costs can be spread out to anonymous taxpayers. All these effects of most immigration is not most Americans idea of "...Beneficial to U.S.". [59]
"As long as there is a virtually unlimited supply of potential immigrants, the nation must make choices on how many to admit and who they should be." National Research Council, National Academy of Sciences, 1997.
[edit] Other economic studies
Previous studies (and many subsequent) of the fiscal impacts of immigration were found to have serious deficiencies. In 1995, only a handful of existing empirical studies were available. According to an article in The National Academies Press, these studies "[...]represented not science but advocay from both sides of the immigration debate, often offered an incomplete accounting of either the full list of taxpayer costs and benefits by ignoring some programs and taxes while including others", and that the "foundation of this research was rarely explicitly stated, offering opportunities to tilt the research toward the desired result" <ref>The Immigration Debate: Studies on the Economic, Demographic, and Fiscal Effects of Immigration (1998), pp.2, The National Academies Press (1998) Avbailable online</ref>
- In an article that appeared in the World Policy Journal (1994), Peter Andreas asserts that constraining the flow of illegal immigration in states such as California, may result in economic stagnation. <ref>Andreas, Peter, The Making of Amerexico (Mis)Handling Illegal Immigration, World Policy Journal Vol. 11.2 (1994): pp.55. "The sad irony is that the most important constraint on the flow of illegal aliens may be continued economic stagnation in states such as California. In periods of recession, labor markets tighten, reducing em- ployment opportunities--both legal and illegal. Economic recovery, on the other hand--propelled in no small part by the hard work of illegal laborers already here-- would expand opportunities in the labor market, encouraging continued illegal immigration."</ref>
- A study by the Rand Corporation, conducted by Kevin McCarthy and Georges Vernez, came to the conclusion that immigrants do not have a negative effect on the earnings and the employment opportunities of native-born Americans. <ref>McCarthy, Kevin F., Vernez, Georges, Immigration in a Changing Economy, Rand Corporation (1997), ISBN 0-8330-2496-5</ref>
- Francine Lipman's opinion is that the belief that undocumented migrants are exploting the US economy and that they cost more in services than they contribute to the economy, is "undeniable false". Lipman asserts that illegal aliens provide a net positive benefit to federal coffers, because of the tax law's treatment of those in the country illegally and those who are married to illegal aliens: they are ineligible for the Earned Income Credit and the Child Tax Credit, and that 85% of eminent (un-named) economists surveyed have concluded that undocumented immigrants have had a positive impact on the U.S. economy <ref>J. Lipman, Fnacine, J.Taxing Undocumented Immigrants: Separate, Unequal and Without Representation Available online" Americans believe that undocumented immigrants are exploiting the United States' economy. The widespread belief is that illegal aliens cost more in government services than they contribute to the economy. This belief is "undeniably" false. [E]very empirical study of illegal immigrants' economic impact demonstrates the opposite . . .: undocumented immigrants actually contribute more to public coffers in taxes than they cost in social services. Moreover, undocumented immigrants contribute to the U.S. economy through their investments and consumption of goods and services; filling of millions of essential worker positions resulting in subsidiary job creation, increased productivity and lower costs of goods and services; and unrequited contributions to Social Security, Medicare and unemployment insurance programs. Eighty-five percent of eminent economists surveyed have concluded that undocumented immigrants have had a positive (seventy-four percent) or neutral (eleven percent) impact on the U.S. economy."</ref>
- The CIS claims that many illegal aliens use the U.S. welfare program with false identification. [60]
- The Identity Theft Resource Center states that one of the two most frequent purchasers of the identify information of minors (for identity theft) is illegal aliens <ref>http://www.idtheftcenter.org/vg120.shtml</ref>
- Another study put the cost to the federal government at $2,700/household [61] On average, the costs that illegal households impose on federal government are less than half that of other households, but their tax payments are only one-fourth that of other households.
- Still another study put the net costs to California residents at $433/household for European/Canadian immigrants, $1,240/household for Asian immigrants and $8,182/household for Latin American workers TABLE 4-7a Net Fiscal Impacts by Nativity of Householder pg 160-1. These are the costs calculated for all immigrants legal and illegal.
- Madeleine Cosman contends that the requirement of hospitals to offer service to illegal aliens regardless of the alien's ability to pay has led to many hospitals running a deficit and being forced to close.[62] Also, free public education is extended to all children in the U.S. regardless of their citizen status. The matricula consular and passports are usually considered legal identification by many police agencies and governments.
Nearly all modern developed societies like Sweden, Canada and the United States heavily subsidize the cost of all government services for low income people by heavily taxing the higher income people. In the United states the effective federal tax rate considering all federal taxes as calculated by the Congressional Budget office runs from 4.8% for the bottom quintile [0-20%](avg. income = $34k) to 25% for the last quintile [80-100%] of income households. The bottom two income quintiles, with exemptions, are nearly exempt from all income tax and social security taxes are heavily subsidized. Many illegal workers claim they have income tax withheld not bothering to mention it is nearly always negligibly small.[63] The state's tax systems vary more but nearly always tax the higher income people much more than the lower income people.
[edit] Environmental impact
A complete study of immigration would have to include more than economists and include an environmental impact study by scientists who study the environment, biology, fisheries, crops, energy consumption, population growth, education, employment, etc..
"Legal immigrants must demonstrate that they are free of communicable diseases and drug addiction to qualify for lawful permanent residency green cards," but "By default, we grant health passes to illegal aliens. Yet many illegal aliens harbor fatal diseases that American medicine fought and vanquished long ago, such as drug-resistant tuberculosis, malaria, leprosy, plague, polio, dengue fever, and Chagas disease," states an article in the Journal of American Physicians and Surgeons<ref>[64]</ref>.
The question of what role illegal aliens play in U.S. crime is also a highly disputed subject. According to a news article written by Olga R. Rodriguez which appeared in 'The New Mexican' dated November 6, 2005, a ranking Drug Enforcement Administration official testified before a Congressional panel that Mexican traffickers supplied 77% of the cocaine, 53% of the methamphetamine and approximately 50% of the heroin that enters the U.S.
Looking at the numbers, one of the things that becomes obvious is immigrants (and their higher birth rates) is the leading cause of population growth in the United States resulting invevitably in increased pressure on and damage to the environment of the United States. In addition to the obvious damage done to fragile deserts by hundreds of thousands of illegal aliens tramping through them are many other significant negative environmental impacts of expanded population. The use of increasingly scarce resources like, tax money, schools, uncrowded roads, land, water supplies, fisheries, forests, minerals and energy supplies not to mention increased pollution all endanger or reduce the quality of the environment. [65] As in most other developed nations, the net growth rate of the native population in the United States without immigration has been close to a stable plateau since 1972 [66]. Driven mainly by immigration the population of the Unites states is projected to exceed 600 million in the next 100 years. Ironically Mexico's population (the main source of legal and illegal immigration) with a reported fertility rate of about 2.3 births per couple (and decreasing) should soon stabilize. More people in the United States means more people living in one of the world's most resource-consuming cultures. Immigration driven, rapid U.S. population growth causes massive environmental problems. One environmental group, the Sierra Club, while admitting that population growth was a serious environmental problem, voted in 2004 that the subject of immigration (which is causing most population growth) to the United States (where nearly all Sierra Club members live) was “too controversial and divisive” to take a position on. [67] Critics inside the Sierra Club claimed that one of the reasons their leadership was reluctant to become involved became clear in 2004 when it was revealed that David Gelbaum had given the Sierra Club a donation of $100 million (about one years budget) on the condition they refused to come out with anti-immigration policies [68].
[edit] Legal issues
[edit] Birth citizenship and illegal immigration
In the uncrowded and under populated United States prior to the American Civil war [1860-65] citizenship was commonly granted on the basis of jus soli (location of birth). The other way that citizenship is typical granted is on the grounds of jus sanguinis ("right of blood" or citizenship of the parents). The Fourteenth Amendment, was passed in 1865 after the conclusion of the Civil War to protect newly emancipated former slaves.The fourteenth Amendment has been interpreted by the United States Supreme Court, in precedent set by United States v. Wong Kim Ark in 1898, to cover the citizenship of nearly everyone born in the U.S. regardless of the citizenship of the parents, with the exception of the children of diplomats. The decision in Wong Kim Ark upheld the jus soli which had often been practiced before the adoption of the 14th Amendment. In short, the Court found that the 14th Amendment re-affirmed jus soli. Wong Kim Ark did not overturn or weaken Elk v. Wilkins; it simply defined jus soli. The Court found that Wong Kim Ark, having been born to Chinese citizens, who were lawfully residing within the United States, and with the intention of amicably obeying its laws, was a citizen of the United States. Under these two rulings, the following persons born in the United States are explicitly not citizens:
- Children born to foreign diplomats
- Children born to enemy forces in occupation of the United States
The following persons born in the United States are explicitly citizens:
- Children born to US citizens whether residing inside the U.S. or not.
- Children born to Native Americans were given full citizenship by the Indian Citizenship Act of 1924.
Under these rulings, the citizenship status of the U.S.-born children of illegal aliens is in the same gray area as people born in foreign countries of foreign parents - that is, neither ruling explicitly denies or grants them citizenship. Various aspects of both Elk v. Wilkins and Wong Kim Ark lend reasoning that such children are not US citizens. Wong Kim Ark is often cited as granting the children of illegal aliens US citizenship, but the ruling is explicit in that it applies to the children of aliens who are legally within the United States. Some may even argue that it implicitly denies them citizenship by doing so. However, in terms of Supreme Court rulings, or the rulings of any court, implicit is meaningless. The status quo is that the children of illegal aliens are treated as U.S. citizens, and it will remain that way until government policy or laws changes and/or the Supreme Court makes an explicit ruling.
Some legislators, reacting to a flood of illegal immigration and their U.S. born children, have proposed that citizenship rules should be changed, either through legislation or a constitutional amendment. The proposed legislative changes in citizenship rules are usually one of the following:
- The child should have at least one parent who is a U.S. citizen.
- The child should have at least one parent who is a legal permanent resident
- Children born to illegal alien parents or visitors from another country are given the citizenship of the parents or mother if all parents are not known.
The first two of these would require at least an act of Congress and the agreement of the President. The third would be outside the power of the US government, and would require the consent of the government(s) of one or both of the parents of the child. The rigid practice of jus sanguinis policies (as represented by the first two options) could result in statelessness for the child.<ref name="mis">http://www.migrationinformation.org/Feature/display.cfm?id=369</ref> The United Nations defines a stateless person as someone who is not considered a national by any state. Worldwide, the number of stateless persons is rising.<ref name="mis">http://www.migrationinformation.org/Feature/display.cfm?id=369</ref> The position taken by the Supreme Court on these proposed changes is unknown but if they say they are over ruled by the fourteenth amendment it would require a new amendment to make them explicitly apply.[citation needed]
Representative Nathan Deal, Republican of Georgia, introduced legislation in 2005 to assert that U.S.-born children are only "subject to the jurisdiction of the United States" (and therefore eligible for citizenship under the Fourteenth Amendment) if at least one parent is a U.S. citizen or legal permanent resident. [69]. Similarly, Representative Ron Paul of Texas has introduced a constitutional amendment that would explicitly deny automatic citizenship to U.S.-born children that do not have at least one parent a citizen or legal permanent resident [70]. Neither of these measures has come to a vote. Even if Rep. Deal's legislation were passed by Congress, it would possibly be struck down by the courts based on the precedent established in U.S. v. Wong Kim Ark, which allows for the U.S. born children of lawful visitors to be citizens as well. The issue remains controversial, reflecting both tensions about immigration and disputes about the appropriate balance of power between the courts and the Congress.
Children of families where at least one parent is an illegal alien are sometimes referred to as anchor babies because once the illegal family's mother gives birth to the baby inside the U.S., the baby is said to "anchor" them to the U.S.. Legally the illegal parent or parents can still be deported so the anchor is more perceived than real. However, some illegal alien advocates and some of the children with parents of mixed legal immigration status feel the term "Anchor Baby" is pejorative.
According to the Center for Immigration Studies, "383,000, or 42 percent, of births to immigrants are to illegal alien mothers. Thus births to illegal immigrants now account for nearly 1 out of every 10 births in the United States."[71]
[edit] Immigration Reform and Control Act of 1986
The Immigration Reform and Control Act of 1986 (IRCA) made the hiring of an individual without documents an offense for the first time. Enforcement has been lax, but major businesses have often been found to use illegal aliens. The act is somewhat redundant since the forging of government documents (fake immigration documents or providing falsified social security numbers) is already a felony, and for most companies such documents must be provided to the government in its tax filings. However, the government does not notify those whose identities have been stolen for the falsified social security numbers, thus making it difficult to estimate the extent of the problem. [72]
[edit] Legal cases
[edit] Immigration with and without quotas
The immigration quota system was first expanded with the Emergency Quota Act of 1921 which was used to reduce the influx of East and Southern European immigrants who were coming to the country in large numbers from the turn of the century. This immigration was further reduced by the Immigration Act of 1924 which was structured to maintain the cultural and ethnic traditions of the United States.
There has never been a quota for Jews or any other religious group, only for people from specific countries. The waiting list for the few available immigration spots grew enormously in the 1930s in the U.S. and throughout the free world that was accepting any immigration. In the 1930's the number of Jewish immigrant applicants seeking visa to the U.S. alone exceeded the quota for all of Germany. Adolf Hitler started his Holocast program in the 1930's that ultimately led to the death of over 10,000,000 people including 6,000,000 Jews. The Franklin D. Roosevelt administration had nearly shut down immigration during the decade of the Great Depression of 1929. In 1929 there were 279,678 immigrants recorded and in 1933 there were only 23,068 [73]. By 1939 recorded immigrants had crept back up to 82,998 but then the advent of World War II drove it back down to 23,725 in 1943 increasing slowly to 38,119 by 1945 [74]. After 1946 about 600,000 of Europe's Displaced Person (DP's) refugees were admitted under special laws outside the country quotas, and in the 1960s and 1970s large numbers of Cuban and Vietnamese refugees [75] were admitted under special laws outside all quotas. Congress passed the Immigration and Nationality Services Act of 1965 which esssentially removed all nation-specific quotas, while retaining an overall quota, and included immigrants from Mexico and the Western Hemisphere for the first time with their own quotas. It also put a large part of immigration, so-called family reunification, outside the quota system. This dramatically changed the number, type and composition of the new arrivals from mostly European, to predominantly poor Latino and Asian. It also dramatically increased the number of illegal aliens as many poorer people now had family or friends in the U.S. that attracted them there. [76] In 1986, the Immigration Reform and Control Act (IRCA) was passed, creating amnesty for about 3,000,000 illegal aliens already in the United States. Critics believe IRCA just intensified the illegal immigration flow as those granted amnesty illegally brought more of their friends and family into the U.S.. [77]
Without quotas on large segments of the immigration flow, legal immigration to the U.S. surged and soon became largely family based "Chain immigration" where familys brought in a never ending chain of off quota new immigrant family members. The number of legal immigrants rose from about 2.5 million in the 1950s to 4.5 million in the 1970s to 7.3 million in the 1980s to about 10 million in the 1990s. In 2006 legal immigrants to the United States now number approximately 1,000,000 legal immigrants per year of which about 600,000 are Change of Status immigrants who already are in the U.S. (Pew Hispanic Data Estimates[78], [79]) (Pew Hispanic Data Estimates[80], [81])
See also: Immigration to the United States
[edit] Other
There have been other incidents where immigration status has been an issue.
- During his 2003 campaign for California governor, it was alleged that Arnold Schwarzenegger had violated his visa by working without a permit in the 1970s; he vehemently denied the charge and produced his documents.
- Philippe Kahn, who wanted to stay in the United States, created the successful computer software company Borland International without ever getting proper legal status.
[edit] Historical context
Every wave of immigration into the United States has faced fear and hostility, especially during times of economic hardship, political turmoil, or war: in 1882, Congress passed the Chinese Exclusion Act, one of the nation's first immigration laws, to keep out all people of Chinese origin; during the "Red Scare" of the 1920s, thousands of foreign-born people suspected of political radicalism were arrested and brutalized; many were deported without a hearing; and in 1942, 120,000 Americans of Japanese descent were interned in camps until the end of World War II.
[edit] Chinese experience
In 1882, Congress passed the Chinese Exclusion Act, which was passed due to the belief that Chinese labors were unfair competition and lowered wages of native born Americans. Anti-Chinese sentiment was also present for fear that Chinese immigrants were unable to assimilate. In 1882 the Chinese Exclusion Act had cut off nearly all Chinese immigration. The first laws creating a quota for immigrants were passed in the 1920s, in response to a sense that the country could no longer absorb large numbers of unskilled workers, despite pleas by big business that it wanted the new workers. Ngai (2003) shows that the new laws were the beginning of mass illegal immigration, because they created a new class of persons — illegal aliens — whose inclusion in the nation was at once a social reality and a legal impossibility. This contradiction challenged received notions of sovereignty and democracy in several ways. First, the increase in the number of illegal entries created a new emphasis on control of the nation's borders — especially the long Canadian border. Second, the application of the deportation laws gave rise to an oppositional political and legal discourse, which imagined "deserving" and "undeserving" illegal aliens and, therefore, just and unjust deportations. These categories were constructed out of modern ideas about crime, sexual morality, the family, and race. In the 1930s federal deportation policy became the object of legal reform to allow for administrative discretion in deportation cases. Just as restriction and deportation "made" illegal aliens, administrative discretion "unmade" illegal aliens. Administrative law reform became an unlikely site where problems of national belonging and inclusion played out.
[edit] History of border security
After Mexico's second president Vicente Guerrero officially abolished slavery in 1829, Mexico became a sanctuary for escaped african slaves from the US.<ref name="nps">http://209.10.16.21/TEMPLATE/FrontEnd/learn_b7.cfm</ref> According to estimates, as many as 4,000 to 5,000 African slaves had escaped across the border into Mexico by 1855. In an attempt to prevent further illegal border crossings by escaped African slaves, approximately one fifth of the standing US Army was deployed along the border between Texas and Mexico. Mexico continued providing assistence to fugitive slaves, and refused to force their return.<ref name="wilkins">http://www.imdiversity.com/villages/hispanic/history_heritage/pns_mexico_slaves0716.asp</ref>
For a period of time in the 1990s U.S. Army personnel were stationed along the U.S.-Mexico border to help stem the flow of illegal aliens and drug smugglers. These military units brought their specialized equipment such as FLIR infrared devices, and helicopters. In conjunction with the U.S. Border Patrol, they would deploy along the border and, for a brief time, there would be no traffic across that border which was actively watched by "coyotes" paid to assist border crossers. The smugglers and the alien traffickers ceased operations over the one hundred mile sections of the border sealed at a time. Sher Zieve claims this was very effective but temporary as the illegal traffic resumed as soon as the military withdrew.[82]. After the September 11, 2001 attacks the United States looked at the feasibility of placing soldiers along the U.S.-Mexico border as a security measure. [83](link broken), [84], [85]
In December, 2005, the U.S. House of Representatives voted to build a separation barrier along parts of the border not already protected by a separation barriers. A later vote in the United States Senate on May 17, 2006, included a plan to blockade 860 miles of the border with vehicle barriers and triple-layer fencing along with granting "amnesty" to the 12 million illegal aliens in the U.S. and roughly doubling legal immigration. Bay Buchanan, head of Team America, an immigration reduction political action committee, estimated that it would take less than six months to build a 2,000 mile, triple-layer fence and would cost roughly $1.5—3 billion. On the same show, Buchanan claimed that the 1990s-era border security program Operation Gatekeeper cut down unauthorized immigration by 90%. The actual numbers are not quite that high with 565,581 apprehensions in San Diego district in fiscal year 1992 before Operation Gatekeeper and its enhanced border fencing and policing to a low of 100,681 apprehensions in in 2002 — an 82% reduction. Apprehensions in 2006 are at 138,608 or a 75% reduction. [86] Apprehensions have gone up in other areas as border security was enhanced in San Diego and El Paso which saw a similar drop in apprehensions.
[edit] Controversy and viewpoints
The majority of illegal aliens come by way of Mexico and, while most of them are Mexican, some originate from elsewhere. In regards to illegal aliens who overstay their visas, there is an even greater diversification in their nationalities.
The border between Arizona and Mexico has become a major entrance area for illegal immigration to the United States, due in part to the increased difficulty of crossing illegally in California. The difficulty of the journey has prompted many aliens to stay in the United States indefinitely rather than face the difficult crossing to return home.
The economic impact illegal aliens have on the U.S. economy is a contentious issue. Illegal aliens have decreased the cost of low skilled labor by increasing the supply of it. The research of George Borjas, a Harvard economist, shows that this had a long-term reduction of wages among American poor citizens during the 1980s and 1990s by 4.8% [87] and, according to a paper by him which appeared as an Op-Ed in the New York Times, their wages will reduce much further if border security is reduced[88]. The supply of illegal alien labor has disproportionately affected certain groups of American citizens such as black poor (according to a study by Katherine Newman and Chauncy Lennon of Harvard and another paper by Borjas, Grogger, and Hanson[89]). American businesses have pocketed the savings. In another Op-Ed, Borjas claims, "Some Americans lose from immigration, particularly professionals in fields where immigration is high and the less educated who compete with less-skilled immigrants. Other Americans gain, mainly owners of businesses that hire immigrants and consumers of what such businesses produce."[90]
Borjas asserts, "The critical issue is how much we care about the well-being of immigrants compared with that of the Americans who win and the Americans who lose." [91] Philip Martin, of the University of California, Davis concurs, "Perhaps this is why immigration is such a political hot potato; it's mostly a distribution issue and, for governments that are in the business of redistributing income via taxes and subsidies, regulating immigration is another redistribution tool." [92]
According to a 2002 Zogby International poll, "58 percent of Mexicans agree with the statement, "The territory of the United States' southwest rightfully belongs to Mexico." Zogby said 28 percent disagreed, while another 14 percent said they weren't sure. Meanwhile, a similar number – 57 percent – agreed that "Mexicans should have the right to enter the U.S. without U.S. permission," while 35 percent disagreed and 7 percent were unsure. " [93] In the 2001–2006 National Development Plan the Mexican Government says they want to support the 18 million Mexicans who live outside Mexico. There is no information on this report on the source of the data or on the number of those illegal aliens who live in the United States. <ref>"Plan Nacional De Desarrollo 2001-2006", Presidencia De La República, Gobierno de los Estados Unidos Mexicanos, 2001, p. 28. (in Spanish)</ref>
According to a Time magazine poll taken nationally in the United States
- 82% believe that the U.S. is not doing enough to secure its borders
- 82% say that the United States is not doing enough to keep illegal immigrants from entering the country
- 71% support major penalties for employers who hire illegal immigrants
- 69% believe illegal immigrants should have greater restrictions to government services, such as driver's license, health care/food stamps, and attending public schools
- 68% say that illegal immigration is an extremely/very serious problem in the United States
- 62% favor taking whatever steps are necessary at the borders, including the use of the military, to cut the flow of illegal immigrants into the country
- 56% favor building a security fence along the U.S.-Mexican border
- 51% think the US would be "better off" by deporting all illegal immigrants, while 38% believe the U.S. would be "worse off"
<ref>Poll Analysis: Large Majority Favors 'Guest Workers'[94]</ref>
Border Arrest data do not show this dramatic increase in apprehensions, so how could all these new illegal aliens have gotten here? A possible answer is simple — many of them simply drove to the United States on shopping trips that included new jobs and a new home and "forgot" to return to Mexico.
[edit] 2004 illegal immigration debate
In 2004, United States President George W. Bush proposed a guest worker program to absorb migrant laborers who would otherwise come to the U.S. as illegal aliens. However, the details were left to legislators. In 2005, the Congress began creating legislation to change the current illegal immigration policies. The legislation approved by the U.S. House of Representatives led to massive protests.
See also 2006 United States immigration reform protests.
Professor Wayne A. Cornelius, (U.C. Davis) summed up his opinion of the problems of illegal US immigration as follows: “Consequences predicted by advocates of the concentrated border enforcement strategy have not yet materialized: there is no evidence that unauthorized migration is being deterred at the point of origin; that would-be illegal entrants are being discouraged at the border after multiple apprehensions by the Border Patrol and returning home; that their employment prospects in the US have been curtailed; or that the resident population of undocumented immigrants is shrinking.” <ref>(Controlling ‘Unwanted’ Immigration). About Wayne A. Cornelius</ref>[95]
[edit] Notes
<references />
[edit] References
- Immigration and Nationality Act [96]
[edit] See also
- Immigration reduction
- United States immigration debate
- Free immigration
- Immigration to the United States
- Immigrant deaths along the U.S.-Mexico border
- Melting Pot
- Mexifornia
- Migra
- Nativism (politics)
- NumbersUSA
- H-1B visa
- Minuteman Project
- H.R. 4437
- S. 2611
[edit] Further reading
- Barkan, Elliott R. "Return of the Nativists? California Public Opinion and Immigration in the 1980s and 1990s." Social Science History 2003 27(2): 229-283. in Project Muse
- Brimelow, Peter; Alien Nation (1996)
- Cull, Nicholas J. and Carrasco, Davíd, ed. Alambrista and the US-Mexico Border: Film, Music, and Stories of Undocumented Immigrants U. of New Mexico Press, 2004. 225 pp.
- Thomas J. Espenshade; "Unauthorized Immigration to the United States" Annual Review of Sociology. Volume: 21. 1995. pp 195+.
- Flores, William V. "New Citizens, New Rights: Undocumented Immigrants and Latino Cultural Citizenship" Latin American Perspectives 2003 30(2): 87-100
- Hanson, Victor David Mexifornia: A State of Becoming (2003)
- Lisa Magaña, Straddling the Border: Immigration Policy and the INS (2003
- Mohl, Raymond A. "Latinization in the Heart of Dixie: Hispanics in Late-twentieth-century Alabama" Alabama Review 2002 55(4): 243-274. ISSN 0002-4341
- Ngai, Mae M. Impossible Subjects: Illegal Aliens and the Making of Modern America (2004),
- Ngai, Mae M. "The Strange Career of the Illegal Alien: Immigration Restriction and Deportation Policy in the United States, 1921-1965" Law and History Review 2003 21(1): 69-107. ISSN 0738-2480 Fulltext in History Cooperative
[edit] External links
[edit] News Coverage
- Orange County Register: “ 'Visa overstayers' fuel illegal population” - April 5, 2006 [97]
- USA Today: Text of President Bush's Immigration Law Reform Speech on May 16, 2006 [98]
- CNN: Reaction to Bush immigration speech - May 15, 2006 [99]
- Miami Herald: “No human being is `illegal” – May 24, 2006 [100]
- Washington Post: “One Sheriff sees immigration answer as simple – May 20, 2006 [101]
- Associated Press: “Ariz. Posse to Arrest Illegal Immigrants” –May 4, 2006 [102]
- NY Times “Arizona County Uses New Law to Look for Illegal Immigrants” –May 9, 2006 [103]
- City Journal “How Unskilled Immigrants Hurt Our Economy” –no date [104] A publication of Manhattan Institute
- Discover the Networks:“Mexican flag flies at U.S. post office” - August 30, 2006 [105]
- KTRH News Radio “Video Sheds Light on Mexican Pledge Controversy” October 18, 2006 [106]
[edit] Other Links
- Border Security: Fences Along the U.S. International Border[107] a report of the Congressional Research Service (January 13, 2005) provided by the Federation of American Scientists.es:Inmigración ilegal
