10 HARMFUL MISCONCEPTIONS ABOUT IMMIGRATION

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1 10 HARMFUL MISCONCEPTIONS ABOUT IMMIGRATION August 2008

2 About the Equal Rights Center The ERC is a not-for-profit civil rights organization dedicated to identifying, challenging, and eliminating discrimination in housing, employment, public accommodations and government services through education, research, testing, counseling, enforcement, and advocacy. For more information about THE EQUAL RIGHTS CENTER or to obtain printed copies of this report, write or call us: 11 Dupont Circle NW Suite 450 Washington, DC Copyright 2008 All Rights Reserved

3 INTRODUCTION All truths are easy to understand once they are discovered; the point is to discover them. Galileo Galilei Two years ago, Michael Maggio, Esq., of blessed memory, a man revered for his expertise on immigration law and the passion with which he pursued life in general and justice in particular, convinced the Equal Rights Center staff that accurate information about immigration issues was missing from public debate. We decided to do what we could to correct that deficit. The goal was to learn and promulgate clear, compelling facts untainted by any agenda save serving the truth as best we are able to discern it. In 10 Harmful Misconceptions About Immigration we try to set the record straight about a number of immigration issues badly mangled through current discourse that often seems shaped to appeal to one particular voting block or another. We understand well that the details in our report will not be of interest to any extremist faction. It is our hope that all others who read it will see the value of this work and use the information it contains to drive falsehood from the public debate on immigration, filling that vacated space with a greater measure of the truth. Our agency believes this offering is especially important to publish as America begins the final months of the current election cycle. We offer this report humbly and in the hope that journalists, politicians and community leaders of every credible persuasion will find within it sufficient merit to refer frequently to its content. To the extent that happens, our goal for this project shall be well served. The Equal Rights Center is a not-for-profit civil rights organization dedicated to identifying, challenging and eliminating illegal discrimination in housing, employment, public accommodations and government services through education, research, testing, counseling, enforcement and advocacy. Rabbi Bruce E. Kahn, ERC Executive Director Glossary: - Immigrant: any foreign-born individual, including naturalized U.S. citizens, documented immigrants, and undocumented immigrants. - Latino Immigrants: immigrants originating from Latin America, i.e. Mexico, Central and South America including many of the Caribbean islands. - Naturalized U.S. citizens: foreign-born individuals who have acquired U.S. citizenship. - Documented immigrants: foreign-born individuals legally residing in the U.S.A either as permanent residents (green card holders) or temporary residents (visa holders). - Undocumented immigrants: foreign-born individuals who (1) entered the country illegally, (2) overstayed their visas, or (3) work without authorization. 3

4 10 HARMFUL MISCONCEPTIONS ABOUT IMMIGRATION ECONOMY Misconception 1: Immigrants, documented and undocumented, are an economic burden. Misconception 2: Immigrants take jobs from native-born U.S. citizens and lower their wages. Misconception 3: Immigrants send most of their earnings to relatives abroad, rather than spending their money in the United States. CRIMINALITY Misconception 4: Immigrants are more likely to become criminals than are native-born U.S. citizens. Misconception 5: Undocumented immigrants prefer to remain here illegally. HEALTH CARE and OTHER BENEFITS Misconception 6: Immigrants, documented and undocumented, come here to benefit from our public welfare programs. ASSIMILATION Misconception 7: Immigrants, especially Latino immigrants, resist assimilation. RIGHTS Misconception 8: Undocumented immigrants are without rights in the U.S. Misconception 9: Employers may easily and accurately determine whether an immigrant is adequately documented. Further, employers currently have no need of additional immigrant labor. SOLUTIONS Misconception 10: American citizens favor deportation as a viable solution to the presence here of undocumented immigrants. 4

5 ECONOMY Misconception 1: Immigrants, documented and undocumented, are an economic burden. TRUTHS: - Our review of economic research finds immigrants not only help fuel the Nation s economic growth, but also have an overall positive effect on the income of native-born workers. Edward P. Lazear, Chairman of the Council of Economic Advisers. 1 - Immigrants are essential to the U.S. economy: they are a critical part of the workforce (1 in 7 workers) and contribute to productivity growth and technological advancement. 2 Without the immigrants, we would have a decline in labor force of 3 to 4 percent, [we] couldn t have grown nearly as much as we did in the 90s [and] in the last few years our growth would have been slower. 3 - Foreign-born scholars, scientists, and engineers make this country more prosperous and more secure. Between 1990 and 2004, over one third of Nobel Prizes in the U.S. were awarded to foreign-born scientists. 6 - Overall, the fiscal impact of immigration on public-sector budgets is small and likely to be positive in the long run: it is strongly positive at the federal level and varies from state to state at the local level depending on welfare policies. 7 Example: According to a 2006 report from the Comptroller of Texas, Carole Keeton Strayhorn, undocumented immigrants in Texas generate more taxes and other revenue than the state spends on them. 8 - Immigrants slightly improve the solvency of pay-as-you-go entitlement programs such as Social Security and Medicare because they are younger and have more children. 9 According to the 2008 annual report on Social Security, 10 the taxes paid by other than legal immigrants will close 15 percent of the system s projected long-term deficit. That s equivalent to raising the payroll tax by 0.3 percentage points, starting today. 11 Comments from Migration Policy Institute: Despite popular misgivings, immigration continues to be a critical resource for the US economy in the 21st century. At a time when Japan and most European countries are less competitive and facing increasingly severe social welfare burdens because of declining working-age populations a trend that will become more acute in the next decade immigration is allowing the US population and workforce to grow at a moderate and healthy rate, and is providing the American economy with needed skills, entrepreneurship, and innovation. 12 Source: U.S. Immigration and Economic Growth: Putting Policy on Hold by Pia M. Orrenius, Federal Reserve Bank of Dallas, Southwest Economy, November/December Proportionately, immigrants are more likely to be entrepreneurs than native-born U.S. citizens. 4 One of every four engineering and technology companies started in the United States between 1995 and 2005 had immigrant founders. 5 Additional Readings: - Lazear, Edward P. Immigration s Economic Impact, Executive Office of the President, Council of Economic Advisers, 20 June Congressional Budget Office. US Congress. The Impact of Unauthorized Immigrants on the Budgets of State and Local Governments. Washington: CBO, Dec

6 ECONOMY Misconception 2: Immigrants take jobs from native-born U.S. citizens and lower their wages. TRUTHS: - Immigrant entrepreneurs and professionals contribute significantly to job creation and innovation in the United States. 15 Immigrantfounded venture-backed public companies are worth more than $500 billion and employ an estimated 220,000 people in the U.S Immigrants contribute to job growth by taking jobs in labor-scarce regions or by filling the types of jobs native workers often shun, such as meatpacking or poultry processing In terms of wage rate, all U.S. native-born workers with at least a High School degree are estimated to have gained from immigration (i.e. 90% of U.S. native-born workers) Illegal immigration has, at most, a modest impact on wage rates: George Borjas, a conservative Republican economist and Harvard University professor, estimated that the wages of low-skilled U.S. workers are lowered by 3 to 8 percent because of competition from immigrants. 19 Comments from Shuya Ohno, Massachusetts Immigrant and Refugee Advocacy Coalition (MIRA): I think a lot of people think they take away our jobs. The truth is that at every sector in the economy, we need more immigrants to fill jobs. We know about the agriculture sector, but it s also construction, and other low-wage jobs. The reason there are so many low-wage jobs open right now is because over the last fifty years, the education level of the American worker has changed; [whereas] fifty years ago about 50% had graduated from high school, now it s over 80%. The economy reflects that with higherpaying jobs that require college degrees. That doesn t mean that janitorial and food preparation services have gone away those jobs still need to be filled. In fact, they need to be filled more so now because there are more people in the country. Studies show that areas with the highest number of immigrants have fairly low or some of the lowest unemployment rates Rather than securing the jobs of native-born U.S. workers, current immigration laws are likely to result in less job creation and technological innovation for the U.S. This is because the current restrictions decrease the influx of skilled immigrant workers who in fact contribute to the creation of new jobs and technologies. 21 Example: Consequences of Visa Restrictions Because Microsoft could not obtain enough high-skilled immigrants, instead of expanding their offices in Seattle, they had to open a new facility in Canada where immigration laws are more lenient. 22 Comments from entrepreneurs: - Our inability to hire foreign nationals forces outsourcing functions to other locations.. - Unable to secure an H-1B [high-skilled immigrant visa] for our engineering (team) leader contributed to us hiring 25 engineers outside the U.S., where the team leader resides.. - We would prefer to hire in the U.S., but H-1B restrictions forced us to go offshore to compete against global companies Guest worker programs (H-2 programs) allow many businesses to hire unskilled foreign workers for temporary or seasonal work lasting less than a year. These programs are essential for many companies because they cannot find enough native-born U.S. workers ready to work intensively for a short period of time, and low wages. In 2007, President Bush called for expanding these programs in order to limit illegal immigration. 24 The existing programs admit about 135,000 guest workers each year in farming or construction trades. 25 However, many civil rights organizations and labor unions have criticized the H-2 programs as being abusive and discriminatory. Those programs assure a steady flow of cheap labor from essentially indentured workers too afraid of being deported to protest substandard wages, chiseled benefits and unsafe working conditions. 26 Moreover, because these workers are bound to the employers who hired them, they are often exploited and abused. Federal laws and U.S. Department of Labor regulations provide some 6

7 ECONOMY basic legal rights for these employees, but the government agencies involved neglect to enforce them, and therefore fail to protect these workers from inhumane treatment. 27 Misconception 3: Immigrants send most of their earnings to relatives abroad rather than spending their money in the United States. Example: Guestworker Programs, SPLC s Close to Slavery Women are particularly vulnerable to discrimination. Numerous women have reported concerns about severe sexual harassment on the job. There have been no studies that quantify this problem among guestworkers. However, in a 1993 survey of farmworker women in California, more than 90 percent reported that sexual harassment was a major problem on the job.. The farmworkers, in fact, referred to one company s field as the fil de calzon, or field of panties, because so many women had been raped by supervisors there The loss of many U.S. workers jobs within the past twenty years is not caused by illegal immigration but by other trends in the economy, such as the increasing use of automation in manufacturing, the growth of global trade, or the outsourcing movement. 29 Comments: U.S. Chamber of Commerce 2008 Agenda, Immigration Issues In 2008, the Chamber will: Continue to push for comprehensive immigration reform that: increases security; has an earned pathway to legalization for undocumented workers already contributing to our economy [bold added], provided that they are law-abiding and prepared to embrace the obligations and values of our society; creates a carefully monitored guest or essential worker program to fill the growing gaps in America s workforce recognizing that, in some cases, permanent immigrants will be needed to fill these gaps; and refrains from unduly burdening employers with worker verification systems that are underfunded or unworkable [bold added]. Urge Congress and the administration to address delays, backlogs, and disruptions [bold added] in our immigration and border management systems that impede the movement of legitimate cargo and travelers across U.S. borders. Ensure the continuity and expansion of H-1B, L-1, and EB visas [bold added] for professionals and highly valued workers. 30 TRUTHS: - On average, Latino immigrants send only 10% of their earnings to their countries of origin ($1,000 to $2,500 a year). 31 For example, in 2005, Latino immigrants sent a little more than $50 billion to their countries of origin. 32 Although $50 billion may appear to be a lot of money, it means that they spent over $450 billion in the U.S. Furthermore, $50 billion is only a little more than half of what U.S. residents spent abroad as tourists that year Immigrants everywhere in the world send money to their families abroad, whether the immigrants left poorer countries or wealthier countries. The table below reveals the amount of money sent by immigrants living all around the world to families in their countries of origin. 34 7

8 CRIMINALITY Misconception 4: Immigrants are more likely to become criminals than native-born U.S. citizens. TRUTHS: - Immigrants have lower incarceration rates than native-born U.S. citizens. 35 Among men age (who comprise the vast majority of the prison population), the 3.5 percent incarceration rate of the native-born in 2000 was 5 times higher than the 0.7 percent incarceration rate of the foreignborn The incarceration rate also is lower for the immigrants from Mexico, El Salvador, and Guatemala who account for the majority of undocumented immigrants [bold added].. In 2000, 0.7% of foreign-born Mexican men and 0.5% of foreign-born Salvadoran and Guatemalan men were in prison Most illegal immigrants come to the U.S. to improve their life and try as much as possible to stay out of trouble because they know they risk deportation It is routinely reported that a large fraction of federal prisoners are noncitizens. While true, this fact is misleading in two regards. First, immigration offenses are violations of federal law. Second, federal prisoners account for a relatively small fraction of the incarcerated population [8%]. Bureau of Justice Statistics figures show that, as of June 2005, 19% of all prisoners in federal custody were noncitizens. But, of all state and federal prisoners, just 6.4% were noncitizens Additional Readings: - Butcher, Kristin, and Anne Morrison Piehl. Crime, Corrections, and California. California Counts 9.3 (Feb. 2008) Jacoby, Jeff. Immigration and Crime Boston Globe 5 March

9 CRIMINALITY Example: an Undocumented Immigrant s Story My husband came here when he was a juvenile and not by choice. His mom sent all her kids to the U.S. to live with various relatives after the death of her husband. My husband has been here more than ten years and since then has taught himself English (he is fluent), worked hard, paid taxes (with a TIN), has no criminal record, been financially and emotionally responsible for my stepdaughter, and been a responsible, loving father to our son and a wonderful spouse. We met when we were 20, fell in love and were married. After the birth of our child we decided to look into getting his green card only to find that it would be nearly impossible. I, like most citizens, believed that our marriage was enough for him to be here legally. After five years and thousands of dollars spent we are facing the harsh reality that we may not be able to stay here. [ ] The problem with the current system is that every case is treated the same. My husband s case is going to differ from the guy who crossed the border to sell drugs, but they are treated the same. The fact that it wasn t his decision to come here in the first place and that he was a child doesn t matter, the fact that he has two small children and a wife that are US citizens doesn t matter, he is just another number, another illegal. 56 Additional Readings: - Why Don t They Just Get In Line? Immigration Policy Center. March Why Don t They Come Legally? Immigration Policy Center. Feb Anderson, Stuart, and David Miller. Legal Immigrants: Waiting Forever. National Foundation for American Policy. May Bruno, Andorra. Unauthorized Alien Students: Issues and DREAM Act Legislation. CRS Report for Congress. 30 Jan Preston, Julia. Readers Share Immigration Stories. Blog posting. Nytimes.com. 11 April Bill in Congress: Dream Act Some members of Congress are conscious of this reality and have tried to pass a law to change it. The DREAM Act would provide young undocumented individuals who are long-term U.S. residents and who entered the United States as children a path to legal status by attending college or serving in the Armed Forces Finally, when asked if they would legalize their status if the U.S. government would offer them the opportunity, 98% of undocumented immigrants surveyed answered positively. 58 Example: Immigration Struggle I did everything that was expected of me legally, and at times it was very hard and almost out of my reach financially, Ms. Phillips said. You get in line with everyone else, but you have no idea how long that line is and how many fees there are. It is worth it to do it the right way; it really is, she said. I just think more people would not resort to sneaking if it were easier and more affordable to do it the legal way [bold added]

10 HEALTH CARE and OTHER BENEFITS Misconception 6: Immigrants, documented and undocumented, come here to benefit from our public welfare programs. TRUTHS: - Since the 1996 Welfare Reform Act, 65 most documented immigrants are excluded either for five years or permanently from eligibility for most benefits. The law barred most immigrants who entered the U.S. on or after the date the law was enacted, Aug. 22, 1996, from federal meanstested public benefits during the five years after they secure qualified immigrant status. Federal agencies clarified that federal means-tested public benefits are nonemergency Medicaid, State Children s Health Insurance Program (SCHIP), Temporary Assistance for Needy Families (TANF), food stamps, and Supplemental Security Income (SSI). 66 (See Additional Readings below). Comments from George Borjas, The Impact of Welfare Reform on Immigrant Welfare Use, Center for Immigration Studies: Despite the growth of the welfare state and the increasing use of welfare by immigrants, the public charge provisions of immigration law rarely were used in the past few decades. Congress instead chose PRWORA [Welfare Reform Act] as the vehicle through which to reduce immigrant use of public assistance programs. In general terms, the legislation, as signed by President Clinton, contained two key provisions: 1. Most non-citizens who arrived in the country before August 22, 1996 were to be kicked off of the SSI and food stamp rolls within a year. (This provision of the legislation, however, was never fully enforced). 2. Immigrants who entered the United States after August 22, 1996 are prohibited from receiving most types of public assistance. The ban is lifted when the immigrant becomes an American citizen. By setting up a five-year waiting period before newly arrived immigrants qualify for many types of assistance, the welfare reform legislation presumably further discourages the immigration of potential public charges. And by tightening the eligibility requirements for immigrants already living in the United States, the legislation presumably increases the incentives for potential public charges to return to their home countries All immigrants, documented and undocumented, are eligible to receive emergency Medicaid, certain types of emergency disaster relief, public health immunizations, in-kind (non-cash) services necessary to protect life and safety, and K-12 public education Under federal law, undocumented immigrants are barred from receiving any grant, loan, or professional license. They also may not receive any of the following benefits: welfare, non-emergency health coverage, disability coverage, public or assisted housing, food assistance, unemployment compensation or participate in a retirement plan An exception exists in the law permitting state and local jurisdictions to pass laws granting undocumented immigrants benefits that these jurisdictions fund Most immigrants may not enter the U.S. legally without providing proof of sufficient funds for self-support. 71 Example: Documents Needed to Apply for a Non-Immigrant Visa (temporary visas such as student, visitor, or business visas). Documents that show that you are traveling to the United States for a temporary stay, that you have a permanent residence outside the United States and other binding ties that assure your departure from the United States after your temporary stay, and that you have sufficient funds to cover all expenses in the United States or convincing documents to show how those expenses will be met by another Naturalized citizens or permanent residents who sponsor incoming relatives, must file an Affidavit of Support to guarantee to the U.S. government that sponsored immigrants will not later become public charges. 73 Additional Readings: - Overview of Immigrant Eligibility for Federal Programs. Table. Guide to Immigrant Eligibility for Federal Programs. By National Immigration Law Center. March Sponsored Immigrants and Benefits. National Immigration Law Center. July

11 ASSIMILATION Misconception 7: Immigrants, especially Latino immigrants, resist assimilation. TRUTHS: - Immigrants assimilate into U.S. culture: they evince a strong work ethic and [their] children tend to assimilate in terms of language acquisition and educational attainment. 76 Their unemployment rate is lower than that of native-born U.S. workers, 4.3% versus 4.7% in Immigrants arriving during the last 25 years have assimilated faster than immigrants arriving a century ago, even though they are more distinct from the native population upon arrival The children of Latino immigrants today learn English faster and better than children of immigrants from preceding generations. Only 7% of second generation Latinos use Spanish as their main language. 79 to America and to prove they can be real Americans. Dr. Jorge Mariscal, director of Chicano Studies at the University of California at San Diego Immigrants over time integrate into the society and make important contributions to the U.S. in science, education, business, sports, art, or politics. Examples: Below is a sampling of well-known, foreign-born individuals who became naturalized U.S. citizens. Albert Einstein (Physicist), Alfredo Quiñones-Hinojosa (Neurosurgeon Johns Hopkins University Hospital), Liz Claiborne (Fashion designer), Sergey Brin (Entrepreneur Google), Jerry Yang (Entrepreneur Yahoo), Albert Pujols (Baseball player), Manny Ramírez (Baseball player), Patrick Ewing (Basketball player), Garo Yepremian (Football player), Jhumpa Lahiri (Author Pulitzer winner), Junot Díaz (Author Pulitzer winner), Andy Garcia (Actor), Greta Garbo (Actress), Carlos Santana (Musician), Eddie Van Halen (Musician), Henry Kissinger (Former U.S. Secretary of State), Madeleine Albright (Former U.S. Secretary of State), and Arnold Schwarzenegger (Governor of California). - More than 68,000 foreign-born individuals are currently serving in the military, 80 and a little more than half of them (37,000) are not yet citizens Immigrants have been among the casualties and prisoners in the war in Iraq. 82 Example: U.S. Marine Lance Corporal Jose Gutierrez: According to a 60 Minutes report, U.S. Marine Lance Corporal Jose Gutierrez, one of the first casualties of the war in Iraq, first entered the U.S. as an undocumented immigrant from Guatemala in 1997 to escape poverty Over 20% of the recipients of the U.S. highest military award, the Congressional Medal of Honor, have been immigrants Latinos are very patriotic and see military service as a way to show their appreciation 12

12 RIGHTS Misconception 8: Undocumented immigrants are without rights in the U.S. TRUTHS: - Undocumented immigrants DO have legal rights under the U.S. Constitution and federal statute th Amendment: this amendment requires states to provide equal protection under the law to all persons (not only to citizens) within their jurisdictions. Moreover, no person can be denied the right to due process including: 87 - Right to remain silent when questioned by the police, 88 - Right to see a lawyer (at their own expense) th Amendment: undocumented persons have a constitutional right to deny any law enforcement officer who does not have a search warrant the right to enter their residence without consent by the occupant or owner. 90 In an emergency requiring immediate action, however, the police may enter without a warrant. 91 The Supreme Court has held that all children, regardless of their immigration status, are entitled to free public education. 92 Under federal law, publicly funded hospitals must provide emergency medical services to all patients, regardless of their immigration status. 93 Under state and federal laws, immigrants are protected from workplace discrimination, regardless of their citizenship or work eligibility. 94 When it comes to sexual harassment, refusing to pay workers, and many other harmful types of discriminatory behavior, Employers may no more discriminate against unauthorized workers than they may discriminate against any other employees. 95 Additional Readings: - What to Do if You Are Arrested or Detained by Immigration. National Immigration Law Center. Aug Know Your Rights at Home and at Work. National Immigration Law Center. May Misconception 9: Employers may easily and accurately determine whether an immigrant is adequately documented. Further, employers currently have no need of additional immigrant labor. TRUTHS: - The current system has made it impossible for employers to really know who is actually authorized to work and who is not. Randel K. Johnson, Vice President at the U.S. Chamber of Commerce It is possible for an employer to hire undocumented immigrants unintentionally. This may happen when an undocumented immigrant presents falsified documentation or when an employer fails to verify the new employee s work eligibility

13 RIGHTS - Since 1986, 100 all employers have to verify the identity and work eligibility of all new employees at the time they are hired by filling out a verification form (Form I-9). 101 Many employers are unaware of this requirement or do it poorly or incorrectly Completing this form requires skills and knowledge: there is a list of acceptable documents and many exceptions; it is difficult to know if a document is genuine, acceptable or still valid Moreover, employers face penalties for discriminating against well-documented immigrants even if the employer s intention was to avoid hiring illegal immigrants. 104 Example: Complexity of Immigration Laws: Often, employers are unaware of the fact that DHS [Department of Homeland Security] has issued a notice that (1) allows employees with TPS [Temporary Protected Status 105 ] to extend their lawful status and (2) automatically extends the validity of their EADs [Employment Authorization Documents]. This, in turn, causes confusion among employers and workers and often results in TPS beneficiaries being either suspended or terminated from employment, despite the fact that they remain employmenteligible Also, the U.S. immigration system does not meet the needs of American businesses who have to face lengthy delays before hiring foreign workers. In many instances, employers end up being held legally responsible for deficiencies in our immigration system. As of January 2007, an employer applying for a typical worker who does not hold an advanced degree or have demonstrated ability in one of the designated shortage occupations [ ] would need to wait a minimum of 4.5 to 5 years after all paperwork is approved by three government agencies successively [ ] before visa processing could begin. The causes for this lengthy delay are quotas and backlogs [bold added]. 107 employers to far more than administrative fines and penalties. DHS aggressive actions are making high monetary and criminal penalties routine. 108 Bill in Congress: E-Verify Some members of Congress are trying to pass new bills, SAVE Act and New Employee Verification Act of 2008, to make it mandatory for every employer in this country to use the federal electronic employment verification s y s te m, E-Verify. 109 This system was officially evaluated in 2007 and considered flawed. The problems identified include data entry errors, delays in entering information into SSA and DHS databases (sometimes more than one year for SSA to update a legal name change), inability to detect identity fraud, and a high rate of employer noncompliance leading to unjustified adverse action against workers. 110 Therefore, the U.S. Chamber of Commerce calls for improving the system drastically before expanding the program further. The Chamber is also particularly concerned about the cost and the cumbersome nature of the system, especially for small employers. 111 Overall, studies show that to be effective, this requirement needs to be part of a comprehensive immigration reform package offering legal paths for needed workers. Also, the Congressional Budget Office estimates that this new requirement would cost billions to the taxpayers to implement and would decrease federal revenues by $17.3 billion. 112 Additional Readings: - Immigration, Off the Books. Editorial. New York Times 17 April ERROR! Electronic Employment Verification Systems. Immigration Policy Center. April How Errors in Basic Pilot/E-Verify Databases Impact U.S. Citizens and Lawfully Present Immigrants. National Immigration Law Center. April Meissner, Doris, et al. Immigration and America s Future: A New Chapter. Washington, DC: Migration Policy Institute, 2006: Employers are being held to a much higher standard than ever before, with deficiencies in DHS [Department of Homeland Security] paperwork requirements exposing those 14

14 SOLUTIONS Misconception 10: American citizens favor deportation as a viable solution to the presence here of undocumented immigrants. TRUTHS: - The deportation of 12 million people would cost the U.S. billions of dollars. The Immigration and Customs Enforcement Agency (ICE) gave a low estimate of $94 billion in 2007, 116 but the Center for American Progress estimates the total cost to be $206 billion to $230 billion over five years Moreover, the loss of those workers would have a negative impact on the economy and contribute to a steep rise in inflation: prices would go up, the real estate market would decline further, companies would outsource their production, the unemployment rate would go up, and there would be a shortage of individuals to perform domestic work, construction, food services, and low wage health care. 118 Comments from journalist Jeff Jacoby, What if we deport them all? Boston Globe 18 March [ ] suppose that [ ] 12 million illegal immigrants were forced out. What then? As millions of farm hands, busboys, chambermaids, and garment workers vanished, who would take their places? Unemployed US citizens? With unemployment down to 4.5 percent, there aren t 12 million of them to spare. Even if there were, not many nativeborn Americans are prepared to accept the low wages and hard conditions that characterize so much illegal-immigrant labor. Hard-liners insist that there are no jobs Americans won t do if the pay is right. Well, how much would an employer have to pay you to pick lettuce or clean hotel rooms for a living? A lot of jobs that pay, say, $8 an hour and are acceptable to a Mexican or Guatemalan alien with little education, few skills, and a fear of being deported would evaporate at the $16 an hour Americans would demand. With more expensive labor would come more reliance on machines instead of people, more outsourcing to cheaper labor markets, more closing of no-longer-profitable ventures. If illegal immigrants disappeared, countless jobs would disappear with them. Pull 12 million low-skilled workers out of the economy, and the cost of everything from yardwork to restaurant meals would soar. Higher costs would mean lower profits and disposable income, less investment, weaker growth. Some 1.2 million illegals are believed to work in construction, Holman Jenkins wrote in the Wall Street Journal last June. If the cost of home building goes up, demand goes down: Less wood is sold, fewer nails, fewer power tools, fewer pickup trucks. Contractors would make less profit; ergo, Harley-Davidson would sell fewer Road Kings with all the chrome and finery. The United States creates more than 400,000 new low-skill jobs each year, a tremendous employment magnet for hundreds of thousands of foreign workers. But [ ] there is no lawful way for most of the workers we need to enter the country. So they enter unlawfully -- a wrongful act, perhaps, but hardly an evil one. Immigration is good for America. So is respect for the law. Nothing forces us to choose between them. As long as there is work for them to do here, immigrants will keep crossing the border. We d all be better off if we let them cross it legally According to recent Gallup surveys (see below), the majority of Americans believe the government should permit undocumented immigrants to remain in this country and eventually become U.S. citizens if they meet certain requirements. Less than one American in four favors deportation

15 SOLUTIONS - Finally, state and local ordinances aiming to restrain illegal immigration passed in recent years have in fact greatly harmed these states and local communities (See Additional Readings below). 121 Additional Readings: - Belson, Ken, and Jill P. Capuzzo. Towns Rethink Laws Against Illegal Immigrants. New York Times 26 Sept Aizenman, N.C. In N.Va., a Latino Community Unravels. Washington Post 27 March Mack, Kristen. Pr. William Softens Policy on Immigration Status Checks. Washington Post 30 April Archibold, Randal C. Arizona Seeing Signs of Flight by Immigrants. New York Times 12 Feb Jeff Brady, host. Colorado Finds Anti-Immigration Law Costly. National Public Radio. 13 Feb

16 ENDNOTES 1 Lazear, Edward P. Immigration s Economic Impact. Executive Office of the President. Council of Economic Advisers. 20 Jun <http://www.whitehouse.gov/cea/cea_immigration_ pdf>. 2 Meissner, Doris, et al. Immigration and America s Future: A New Chapter. Washington, DC: Migration Policy Institute, 2006: Andrew Sum quoted in Isidore, Chris. Illegal Workers: good for U.S. economy. CNN Money.com 1 May <http://money.cnn.com/2006/05/01/news/economy/immigration_economy/index.htm>. 4 Fairlie, Robert W. Kauffman Index of Entrepreneurial Activity Kansas City, MO: Kauffman Foundation, Apr <http://www.kauffman.org/pdf/kiea_ pdf>. 5 Sanchez, Marcela. Immigration Agreement a Move Forward, But How Far? Washington Post on the Web 25 May <http://www.washingtonpost.com/wp-dyn/content/article/2007/05/24/ar html?hpid=news-col-blogs>. 6 Wulf, William A. The Importance of Foreign-born Scientists and Engineers to the Security of The United States. Congressional Hearing. 15 Sept <http://www7.nationalacademies.org/ocga/testimony/importance_of_foreign_scientists_and_engineers_to_us.asp>. 7 Lowenstein, Roger. The Immigration Equation. New York Times Magazine 9 Jul <http://www.nytimes.com/2006/07/09/magazine/09imm.html?_r=1&oref=slogin>. See also Smith, James P., and Barry Edmonston, eds. The New Americans: Economic, Demographic, and Fiscal Effects of Immigration. Washington, DC: National Research Council, National Academy Press, 1997: Strayhorn, Carole Keeton. Undocumented Immigrants in Texas: A Financial Analysis of the Impact to the State Budget and Economy. Special Report. Austin, TX: Office of the Comptroller of Texas, Dec <http://www.cpa.state.tx.us/specialrpt/undocumented/undocumented.pdf>. 9 Lazear, Edward P., op. cit. 10 Social Security Online. The 2008 Annual Report of the Board of Trustees of the Federal Old-Age and Survivors Insurance and Federal Disability Insurance Trust Funds. 25 Mar <http://www.ssa.gov/oact/tr/tr08/trtoc.html>. 11 How Immigrants Saved Social Security. Editorial. New York Times 2 Apr <http://www.nytimes.com/2008/04/02/opinion/02wed3.html?_r=2&oref=slogin&oref=slogin>. 12 Meissner, Doris, et al., op. cit.: Anderson, Stuart, and Michaela Platzer. American Made: The Impact of Immigrant Entrepreneurs and Professionals on U.S. Competitiveness. Arlington, VA: National Venture Capital Association, 2006: 5. <http://www.nvca.org/pdf/americanmade_study.pdf>. 16 Ibid.: Orrenius, Pia M., op. cit. 18 Ottaviano, Gianmarco, and Giovanni Peri. Rethinking the Effects of Immigration on Wages. NBER Working Paper no Cambridge: NBER, Jul. 2006: 27. <http://www.yale.edu/leitner/post-industrial-societies/peri3.pdf>. 19 Davidson, Adam. Q&A: Illegal Immigrants and the U.S. Economy. NPR.org. 30 Mar <http://www.npr.org/templates/story/story.php?storyid= >. 20 Ohno, Shuya. Q&A: Common Misconceptions about immigrants. Re-Think Immigration Blog. 2 Jul <http://rethinkimmigration.blogspot.com/2007/07/q-common-misconceptions-about.html>. 21 Anderson, Stuart, and Michaela Platzer, op. cit.: Microsoft Moves North. Editorial. Los Angeles Times 10 Jul Ibid.: Bush, Georges W. State of the Union Address. US Capitol. US Congress, Washington, DC. 23 Jan <http://www.whitehouse.gov/news/releases/2007/01/ html>. 18

17 25 Bureau of Consular Affairs. US Department of State. Nonimmigrants Visas Issued by classification (Including Crewlist Visas and Border Crossing Cards) Fiscal Years Table XVI(B). Report of the Visa Office <http://www.travel.state.gov/pdf/fy07annualreporttablexvib.pdf>. 26 Parks, James. Expanding Guest Worker Program a No Winner for Immigrants or the Nation. Online posting. 10 Apr AFL-CIO NOW BLOG. <http://blog.aflcio.org/2007/04/10/expanding-guest-worker-programa-no-winner-for-immigrants-or-thenation>. 27 Bauer, Mary. Close to Slavery: Guestworker Programs in the United States. Montgomery, AL: Southern Poverty Law Center, Ibid.: Lowenstein, Roger. The Immigration Equation. New York Times Magazine 9 Jul U.S. Chamber of Commerce. Immigration Issues. <http://www.uschamber.com/issues/index/immigration/default>. 31 Inter-American Development Bank. Sending Money Home: Remittances to Latin America from the U.S. 2004: 1. <http://idbdocs.iadb.org/wsdocs/getdocument.aspx?docnum=547214>. 32 Orozco, Manuel. International Flows of Remittances: Cost, competition and financial access in Latin America and the Caribbean toward an industry scorecard. Washington, DC: Inter-American Dialogue, 12 May 2006: 1. <http://idbdocs.iadb.org/wsdocs/getdocument.aspx?docnum=736019>. 33 In 2005, U.S. residents spent over $95 billion abroad. (Source: United States. Dept. of Commerce. International Trade Administration. Manufacturing and Services. Office of Travel and Tourism Industries U.S. Resident Spending Abroad. 2007: 2. <http://tinet.ita.doc.gov/outreachpages/download_data_table/2007_us_resident_spending_abroad.pdf>). 34 Remittances are transfers of money by immigrant workers to their countries of origin. 35 Rumbaut, Rubén G., and Walter A. Ewing. The Myth of Immigrant Criminality and the Paradox of Assimilation. Washington, DC: Immigration Policy Center, Spring 2007: 1. <http://www.ailf.org/ipc/special_report/sr_ pdf>. 36 Idem. 37 Ibid.: Immigrants and Crime: Are They Connected? Immigration Policy Center. Oct <http://www.immigrationpolicy.org/images/file/factcheck/crime Fact Check pdf>. 39 Piehl, Anne Morrison. Cong. House. Committee on the Judiciary. The Connection between Immigration and Crime. Hearing on Comprehensive Immigration Reform: Impact of Immigration on States and Localities. 17 May 2007: 1. <http://www.aila.org/content/fileviewer.aspx?docid=22935&linkid=163705>. 40 Ibid.: Table 299. Crimes and Crime Rates by Type of Offense: 1980 to Table. Statistical Abstract of the United States: Section 5 Law Enforcement, Courts, and Prisons. Washington, DC: U.S. Census Bureau, <http://www.census.gov/prod/2007pubs/08abstract/law.pdf> 42 Figure 1. Number of Immigrants Living in the U.S., Chart. Immigrants in the United States, By Steven A. Camarota. Backgrounder. Center for Immigration Studies, Nov <http://www.cis.org/articles/2007/back1007.pdf> Preston, Julia. Readers Share Immigration Stories. Blog posting. Nytimes.com. 11 Apr <http://news.blogs.nytimes.com/2008/04/11/share-your-immigration-story/>. See also Bureau of Consular Affairs. US Department of State. Visa Bulletin May <http://travel.state.gov/visa/frvi/bulletin/bulletin_4205.html>. 46 Asylum may be granted to people who are already in the United States, either legally or illegally, and are unable or unwilling to return to their home country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. Asylees are allowed to live and work in the United States. (Source: United States Citizenship and Immigration Services - USCIS). 47 Wasem, Ruth Ellen. U.S. Immigration Policy on Asylum Seekers. Washington, DC: CRS Report for Congress, 5 May <http://www.ilw.com/immigdaily/news/2007,0213-crs.pdf>. 48 Bureau of Consular Affairs. US Department of State. Visa Bulletin May <http://travel.state.gov/visa/frvi/bulletin/bulletin_4205.html>. 19

18 49 Idem. 50 Idem. 51 Clinton, Hagel, Menendez Introduce Measure to Remove Barriers to Reunification for Immigrant Families. Senator Hillary Rodham Clinton. 23 May Senate. <http://www.senate.gov/~clinton/news/statements/record.cfm?id=274944>. 52 Sánchez, Linda T. Cong. House. Committee on the Judiciary. Subcommittee on Immigration, Border Security, and Claims. Visa Overstays: a Growing Problem for Law Enforcement. Hearing. 16 Oct <http://commdocs.house.gov/committees/judiciary/hju /hju89878_0.htm>. 53 Idem. 54 Immigration and Nationality Act: INA 212; 8 U.S.C. 1182(a)(4). 55 Preston, Julia. Readers Share Immigration Stories. Blog posting. Nytimes.com. 11 Apr <http://news.blogs.nytimes.com/2008/04/11/share-your-immigration-story/>. 56 Idem. 57 DREAM Act: Basic Information. National Immigration Law Center. Oct <http://www.nilc.org/immlawpolicy/dream/dream_basic_info_0406.pdf>. 58 Bendixen & Associates. Survey of Undocumented Immigrants in the United States. Ed. National Immigration Forum and Manhattan Institute for Policy Research. 29 Mar. 2006: 24. <http://www.immigrationforum.org/documents/pressroom/forum-mi_bendixen_poll.pdf>. 59 Preston, Julia, op. cit Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( Welfare Reform Act»), 8 U.S.C et seq. 66 Broder, Tanya. Overview of Immigrant Eligibility for Federal Programs. Low-Income Immigrant Rights Conference National Immigration Law Center. Oct <http://www.nilc.org/immspbs/special/pb_issues_overview_ pdf>. 67 Moore, Jill D. Who Remains Eligible for What? UNC School of Government. Popular Government 65.1 (Fall 1999): Welfare Reform Act 401; 8 U.S.C. 1611(c)(1). 69 Welfare Reform Act 411; 8 U.S.C. 1621(d). 70 Borjas, George. The Impact of Welfare Reform on Immigrant Welfare Use. Washington, DC: Center for Immigration Studies, March 2002: 7. <http://www.cis.org/articles/2002/borjas.pdf>. 71 Immigration and Nationality Act: INA 212; 8 U.S.C. 1182(a)(4). 72 United States. Dept. of State. Dublin, Ireland Embassy. Visas to the U.S. Non-Immigrant Visas. <http://dublin.usembassy.gov/how_to_apply.html>. 73 United States. Dept. of Homeland Security. USCIS. How Do I File an Affidavit of Support for a Relative? <http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f f6d1a/?vgnextoid=6a096c854523d010vgnvcm f3d6a1RCRD&vgnextchannel=4f719c7755cb9010VgnVCM f3d6a1RCRD> Lazear, Edward P. Immigration s Economic Impact. Executive Office of the President. Council of Economic Advisers. 20 Jun <http://www.whitehouse.gov/cea/cea_immigration_ pdf>. 77 United States. Department of Labor. Bureau of Labor Statistics. Foreign-born Workers: Labor Force Characteristics in News Mar. 2008: 1. <http://www.bls.gov/news.release/pdf/forbrn.pdf>. 20

19 78 Vigdor, Jacob L. Measuring Immigrant Assimilation in the United States. Civic Report 53. New York: Manhattan Institute (2008). <http://www.manhattan-institute.org/html/cr_53.htm> National Survey Of Latinos. Pew Hispanic Center & Kaiser Family Foundation, Dec <http://pewhispanic.org/files/reports/15.pdf>. 80 Barker, Laura, and Jeanne Batalova. The Foreign Born in the Armed Services. Migration Information Source. Jan Migration Policy Institute. <http://www.migrationinformation.org/usfocus/display.cfm?id=572>. 81 Kruzel, John J. Naturalization Ceremony Honors New Uniformed Citizens. News Article. U.S. Department of Defense. Washington, DC: American Forces Press Service, 14 Apr <http://www.defenselink.mil/news/newsarticle.aspx?id=49571>. 82 Hennessy-Fiske, Molly. The Conflict in Iraq: New Americans. Los Angeles Times 5 Jul. 2007, natl. ed.: A5. <http://articles.latimes.com/2007/jul/05/world/fg-citizens5>. 83 Simon, Bob. The Death of Lance Cpl. Gutierrez. 60 Minutes. CBS News. 20 Aug <http://www.cbsnews.com/stories/2003/04/23/60ii/main shtml>. 84 Clinton, William J. Remarks by the President in Presentation of Medal of Honor to Alfred Rascon. The White House. Washington, D.C: Office of the Press Secretary, 8 Feb <http://www.medalofhonor.com/alfredrascon.htm>. 85 McLemore, David. Serving a Nation Not Yet Their Own. Dallas Morning News 28 Nov <http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/dnimmigmilitary_28tex.art.north.edition1.3e0efa3.html>. 86 Undocumented Immigrants DO Have Legal Rights VIDEO. Truth in Immigration. Ed. MALDEF. 19 Mar <http://www.truthinimmigration.org/completestory.aspx?sid=12>. 87 Idem. 88 What to Do if You Are Arrested or Detained by Immigration. National Immigration Law Center. Aug <http://www.nilc.org/ce/nilc/to_do_if_arrested_ pdf>. 89 Idem. 90 Know Your Rights at Home and at Work. National Immigration Law Center. May <http://www.nilc.org/ce/nilc/imm_enfrcmt_homework_rts_ pdf>. 91 The basic aspects of the exigent circumstances exception are that (1) the law enforcement officers must have reasonable grounds to believe that there is immediate need to protect their lives or others or their property or that of others, (2) the search must not be motivated by an intent to arrest and seize evidence, and (3) there must be some reasonable basis, approaching probable cause, to associate an emergency with the area or place to be searched. United States v. Smith, 797 F.2d 836, 840 (10th Cir.1986) 92 Plyler v. Doe, 457 U.S. 202 (1982) 93 Emergency Medical Treatment and Active Labor Act of 1986 (EMTALA), 42 U.S.C. 1395dd. 94 United States. Equal Employment Opportunity Commission. EEOC Reaffirms Commitment to Protecting Undocumented Workers from Discrimination. Washington: EEOC Press Releases, 28 Jun <http://www.eeoc.gov/press/ html>. 95 United States. Equal Employment Opportunity Commission. Remedies Available to Undocumented Workers Under Federal Employment Discrimination Laws. Enforcement Guidances and Related Documents. 26 Oct <http://www.eeoc.gov/policy/docs/undoc.html> Johnson, Randel K. Proposals for Improving the Electronic Employment Verification and Worksite Enforcement System. Statement of the U.S. Chamber of Commerce. 26 Apr. 2007: 3. <http://bulk.resource.org/gpo.gov/hearings/110h/34927.pdf>. 99 Idem. 100 Immigration Reform and Control Act (IRCA) signed on November 6, United States. Dept of Homeland Security. Citizenship and Immigration Services. Form I-9, Employment Eligibility Verification. 5 Jun <http://www.uscis.gov/files/form/i-9.pdf>. 102 Tekach, Cora. Securing Our Borders from Within: Forcing Employers to Be the Virtual Fence. Immigration Briefings (Dec. 2007): 7. 21

20 103 Johnson, Randel K., op. cit. 104 Johnson, Randel K., op. cit. 105 Temporary Protected Status (TPS) is a temporary immigration status granted by the Attorney General to eligible nationals of designated countries (currently Burundi, Sudan, Honduras, Nicaragua, El Salvador, Liberia, and Somalia) suffering the effects of an ongoing armed conflict, environmental disaster, or other extraordinary and temporary conditions. TPS recipients may not be removed from the United States and may receive employment authorization. (Source: USCIS). 106 Facts About Temporary Protected Status and Proving Work Authorization. National Immigration Law Center. Jul. 2006: 4. <http://www.nilc.org/immsemplymnt/ircaempverif/tpstoolkit/tps_factsheet_ pdf>. 107 Hatch, Patricia. What Motivates Immigration to America LWVUS Immigration Study: Background Papers. Washington, DC: League of Women Voters, Apr. 2007: 5. <http://www.lwv.org/content/contentgroups/projects/immigrationstudy/backgroundpapers1/immigrationstudy_motivations_hatch.pdf>. 108 Tekach, Cora, op. cit.: E-Verify (formerly known as the Basic Pilot Program) is an Internet-based system operated by United States Citizenship and Immigration Services and Social Security Administration. Employers who chose to participate in this free program are provided an automated link to Federal databases to help them determine employment eligibility of new hires, foreign and native-born workers alike, and the validity of their Social Security numbers. This program exists since 1997 but until recently, few employers used it (less than 1% of all employers). (Source: USCIS). 110 Westat. Findings of the Web Basic Pilot Evaluation. US Dept. of Homeland Security. Washington, DC: USCIS, Sept. 2007: xxixxv. <http://www.uscis.gov/files/article/webbasicpilotrprtsept2007.pdf>. 111 Johnson, Randy, op. cit.: 4-5 and Orszag, Peter R. Letter to Honorable John Conyers Jr., Chairman Committee on the Judiciary, U.S. House of Representatives. Washington, DC: Congressional Budget Office, 4 Apr <http://www.cbo.gov/ftpdocs/91xx/doc9100/hr4088ltr.pdf> Nizza, Mike. Estimate for Deporting Illegal Immigrants: $94 Billion. Blog posting. LEDE. New York Times 13 Sept <http://thelede.blogs.nytimes.com/2007/09/13/estimate-for-deporting-illegal-immigrants-94-billion/>. 117 Fears, Darryl. $41 Billion Cost Projected To Remove Illegal Entrants. Washington Post 26 Jul. 2005, natl. ed.: A11. <http://www.washingtonpost.com/wp-dyn/content/article/2005/07/25/ar html>. 118 Jacoby, Jeff. What if we deport them all? Editorial. Boston Globe 18 Mar <http://www.boston.com/news/globe/editorial_opinion/oped/articles/2007/03/19/what_if_we_deport_ them_all/>. 119 Idem State and Local Anti-Immigrant Ordinances Backfire. Truth in Immigration. Ed. MALDEF. 9 May <http://www.truthinimmigration.org/completestory.aspx?sid=49>

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