Illegal Immigrant Issue

Abstract This article supports a theory that explains the illegal alien problem as part of the general environment in which it is found. It argues that the illegal alien problem is a diverse one and not simply a Mexico-US problem, and suggests that traditional immigration law enforcement strategies encourage an ever-increasing illegal alien population in the United States. Reasons why such a policy of enforcement exists are also discussed. The Illegal Alien Problem Characterizations of the illegal alien range from the sympathetic to the xenophobic. Such characterizations contribute to the confusion about the illegal alien problem. The media usually portrays the plight of the illegal alien in the United States using the historical view of a nation of immigrants. Often, the media resists portraying the illegal alien as anything but the hard working border-crosser that simply wants to feed his family. However, the traditional image of aliens may have changed as a result of the terrorist attack on the World Trade Center on September 11, 2001. The media influences our perceptions about the illegal alien in the United States. For example, portrayals of crowds of alien day laborers serve as a general definition of the illegal alien problem. (Chen, 1999) Such portrayals focus more on aesthetics than economic, health, or criminal justice issues. Residents are concerned about the way such crowds might bring down property values, or interfere with commerce. Even in this area, there is little consensus. Advocates and anti-illegal groups converge to create a distorted perception of the problem. Thousands of illegal aliens are gathering on a daily basis in known locations throughout the United States in order to be picked up by potential employers for a day’s work. Although the INS has statutory authority under Title 8 USC Sec. 1357, and designated officers or employees of the Service have the power without warrant to interrogate any alien or person believed to be an alien as to their right to be or to remain in the United States, the INS simply ignores this obvious opportunity to remove illegal aliens from the United States. The official policy of the INS, now Bureau of Immigration and Customs Enforcement (BICE), is to target employers of illegal aliens in an attempt to remove the reason why illegal aliens come to the United States. This policy evolved out of the employer sanctions included in the Immigration Reform and Control Act (IRCA) of 1986. With 8 million illegal aliens in the United States and 1,062,279 apprehensions in 2002 this policy does not seem to be working. Another important issue is the implied powerless of the illegal alien. The growing Hispanic population and the increasing number of illegal aliens with legal ties has a direct relationship to this perception. In addition, other participants in the general environment, such as politicians and religious groups, have a vested interest in not enforcing interior immigration laws. Such groups stand to receive benefits from a larger alien population--one for votes, the other for potential converts. The implied powerlessness may be a strategic attempt to soften the impact of an amnesty program. Skerry compares the two perspectives of the illegal living in the shadows contrasted by those that are more vocal about their plight. In his opinion, the latter is a more accurate characterization. (Skerry, 2001) More recently, advocates compared the plight of illegal aliens to the civil rights movement and organized an immigrant worker’s freedom ride to rally support. Found at http://www.immigrantworkersfreedomride.com/default.asp Another popular issue focuses on native xenophobia, and the ongoing debate between advocates and opponents of illegal aliens in the United States. However, these issues obfuscate more relevant concerns about interior enforcement of the immigration laws. For decades, the policy makers seemed to concern themselves with the cultural and economic determinants of illegal immigration. As a result of the World Trade Center attack, these same policy makers are forced to deal with other enforcement issues regarding illegal immigration. (Edsall, 2001). A recent opinion survey revealed that the general public is opposed to illegal immigration and yet most elected representatives seem to favor lax interior enforcement of the immigration laws. (Camarota, 2002) Our ideas and sentiments about illegal aliens developed over time. An appropriate focus for such an investigation might include analyzing the development of policy regarding enforcement of the immigration laws. By way of introduction, immigration law violators are not immigrants . They are aliens who are in the United States in violation of law. There is a profound difference between individuals who legally apply for admission and fulfill all the requirements for admission, and those who decide to enter the United States, or intentionally overstay their visa in violation of law. Labeling such violators as intending immigrants only confuses the issue and juxtaposing these two categories is specious logic. A few of the important differences include criminal and health backgrounds of intending entrants. A lawfully admitted alien must undergo health screening and will not be admitted if found to have a communicable disease. Similarly, certain criminal convictions exclude some aliens from admission into the United States as well. Of course, the smuggled alien, or one who enters without inspection, bypasses such rules and regulations. This is not to suggest that the majority of illegal entrants into the United States are criminals or diseased, but a percentage of this group are. Just how many criminal aliens are in the United States is difficult to determine primarily because many who are in custody either do not disclose their true status, or they are released before INS can remove them. Immigration Laws and the Illegal Alien Problem The basis of immigration law enforcement today is the McCarran-Walter Act or the Immigration and Nationality Act (INA) of 1952 The INA relied on a national origins quota system with a preference system for Eastern Hemisphere immigrants, and was concerned with excluding and removing subversives and communists. Since the INA, amendments have been added and the law changed in an apparent attempt to solve the illegal alien problem. This discussion does not attempt to analyze each amendment or law in any detail. The main issue is the apparent consequences of all the legislation. After INA, the Immigration Act of 1965 repealed the national origins quota system and all nations were given an equal chance to immigrate to the United States. Immigration Commissioners come and go with each Administration, but the only consistent pattern that has emerged since the 1970s is that the illegal alien population is growing at a rapid pace. The Immigration Reform and Control Act (IRCA) of 1986 was signed into law by President Reagan and included amnesty for aliens who could establish residence in the United States since January 1, 1982, employer sanctions aimed at removing the lure of employment, and a special exemption for aliens employed in agricultural work. The Triennial Comprehensive Report on Immigration (USINS, 1999) showed that 2.7 million person gained lawful permanent residence as a direct result of IRCA. Although the Immigration Act of 1990 (IMMACT90) that took effect in 1992, more than doubled the number of visas available to persons who qualified for employment-based immigration, it also attempted to begin removing aliens with aggravated felony convictions. This focus on removing criminal aliens continued with the addition of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) that attempted to apply retroactivity to aggravated alien felons in the United States. In addition to adding Border Patrol agents (5000) and interior enforcement agents (300) over several years, the IIRIRA also expedited removals of certain excludable aliens applying for admission into the United States. Needless to say, the various amendments are under continuous judicial review and this tends to neutralize the intent of the laws. Interior Enforcement Official statistics on interior enforcement are not readily available and generally highlight agency goals and priorities when they are. On March 1, 2003, the INS enforcement branch, which includes border enforcement and the investigations unit (interior enforcement), became part of the Department of Homeland Security-Bureau of Immigration and Customs Enforcement (BICE). Whether or not this reorganization plan addresses the problem of interior enforcement of the immigration laws is yet to be seen. Although it is too early to tell, the focus appears to be on preventing terrorists from entering the United States. The processing of service related functions will remain within the Bureau of Citizenship and Immigration Services (BCIS), however the role of the investigations unit (interior enforcement) is not clearly defined. Since 1924, when the Border Patrol began enforcing the immigration laws, enforcement policies were mostly concerned with agricultural labor and politics. An example is the well-known bracero program that enabled mostly Mexican laborers to pick fruit in the southwest. In the past, opposition to similar bracero programs (now referred to as guest worker programs) was based on fears that the temporary workers would not return home. The Immigration Reform and Control Act (IRCA) of 1986 included a provision for special agricultural workers, and Congress is presently considering legislation that would allow temporary workers in the United States. The General Accounting Office (GAO) criticized the INS for failing to remove criminal aliens in the United States. (Rabkin, 1999) In such cases, inefficiency can be quite serious as seen in the Resendez case. Angel Maturino-Resendez, found guilty of killing a

The blame goes to employers who hire illegal immigrants, not to the immigrants themselves. Can't blame them for coming here and trying to make a better life. If they weren't finding jobs here they wouldn't come. It's the employers' fault.

It is believed that without explaining your problem how you got the curious? Everywhere they are the major problem? The infiltrants got not only the illegal entry but also got illegal job opportunities and preferences too. If you want exact response you have to expose the experience first. So we hope for your initiation.

Your not the only one who are bothered about the illegal problem in this country it seems like they have no respect for anyone or anything........If they did they would come here legally not just hop the boader.......It seems we are the only country in the world that has no boaders......

I'm not so certain. I wouldn't say that exactly.