Amnesty: Pro Thesis: Summary: The Immigration Reform and Control Act (IRCA) Immigration Legislation Economics and Demographics

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1 Amnesty: Pro Thesis: The United States should reevaluate its perspective and policies on immigration. Amnesty is both practical and just; punishing immigrants is neither. Summary: Amnesty is the best option both for the 12 million illegal immigrants living in the United States and for the United States economy. The punitive requirements against immigrants were added to legislation to insulate it from criticism that amnesty is forgiveness without consequence. Immigration helps everyone, and Congress should be doing everything in its power to make it as easy as possible for immigrants to live and work legally and freely in the United States. Immigration Legislation Debate over US immigration policy has recently hinged on the idea of amnesty, a legislative plan that would allow illegal aliens currently residing in the United States to apply for citizenship. In an attempt to garner bipartisan support in Congress, recent immigration reform bills have combined amnesty with harsher enforcement, heightened border security, and a host of new punitive measures and administrative hurdles for illegal residents who choose to pursue legal status. Though most agree that it would be impractical, if not impossible, to deport 12 million undocumented residents, the word "amnesty" itself has become a term of abuse on both sides of the debate. Even for those nominally in favor of giving undocumented residents a path to citizenship and a chance to work legally, amnesty is treated as a necessary evil to be mitigated by fines, fees, a "touchback" requirement, and other punitive measures. Two immigration reform bills have been proposed in Congress. In the House of Representatives, the Security through Regularized Immigration and a Vibrant Economy Act of 2007 (STRIVE Act of 2007; H.R. 1645) was introduced on April 3, In the Senate, the Comprehensive Immigration Reform Act of 2007 (the Secure Borders, Economic Opportunity and Immigration Reform Act of 2007; S. 1348) was introduced on May 9, 2007, though it was overturned the following month. Both STRIVE and the Comprehensive Immigration Reform Act are based largely on three previous failed bills: the "McCain-Kennedy Bill" (S. 1033, May 2005), the "Cornyn-Kyl Bill" (S. 1438, July 2005), and the "Specter Bill" (S. 2611, May 2006). Bills require ratification by both the Senate and the House of Representatives in addition to presidential approval before they become law. The Immigration Reform and Control Act (IRCA) Although immigration law is constantly evolving as new precedents are set in federal courts, major legislative overhauls occur relatively infrequently. The last comprehensive immigration legislation, the Immigration Reform and Control Act (IRCA; also known as the Simpson-Mazzoli Act), became law in In addition to criminalizing the act of knowingly hiring an illegal alien, the act granted amnesty to approximately 2.7 million undocumented residents who had been in the country before IRCA is often cited by critics of amnesty as an example of failure, noting that illegal immigration spiked after the legislation was passed. However, research suggests that variation in the rate of illegal immigration has much more to do with relative economic prosperity and availability of jobs in the United States than with the implementation of new immigration policies. According to a recent study by the Council on Foreign Relations, when Mexican wages drop 10 percent relative to US wages, attempts to cross the border illegally rise 6 percent. It is inaccurate to attribute the post-irca rise in illegal immigration to the amnesty itself. Generally speaking, the driving force behind immigration is supply and demand, not new legislation. Economics and Demographics Population growth is crucial to a healthy economy, and at present rates, immigrants and their children will account for 60 percent of US population growth in the next forty-three years. As the baby boom generation begins to retire, immigrants will play a crucial role in filling the country's human capital deficit. Within twenty years, immigrants and their children will account for most of our labor force growth. Contrary to the popular misconception that illegal immigrants are exploiting the nation's economy, studies have shown that undocumented residents actually contribute more in taxes than they cost the country in social services, and that overall, immigration increases the income of US residents by maximizing the extent to which the economy 1

2 takes advantage of domestic resources. For instance, in 2006 the Texas Comptroller's Office estimated that the approximately 1.4 million undocumented immigrants in the state paid $500 million more in taxes than they received in government services. Undocumented residents also contribute to the US economy by consuming goods and services. Economically, the United States need immigrants, and will need them even more in years to come. As far as illegal immigrants themselves are concerned, research on the IRCA amnesty suggests that legalized status would mean a significant wage increase. Between 1989 and 1992, average earnings for newly legalized Latino men rose by 6 percent relative to the earnings of undocumented Latino men. Amnesty would also give the 12 million undocumented residents currently living in the United States access to social services like Social Security, Medicare, and unemployment insurance programs. Allowing immigrants access to these services would not cost US taxpayers more money. On the contrary, amnesty would streamline social services and save taxpayers money. Currently, many undocumented residents use expensive services like emergency rooms because they do not have the necessary insurance to see a primary physician. Legalizing their status would allow them to use social services in their most cost-efficient forms. Punishment As a practical matter, punishment helps no one. The punitive requirements against immigrants were added to legislation to insulate it from criticism that amnesty is forgiveness without consequence. Provisions in the Comprehensive Immigration Reform Act of 2007 ensure that undocumented residents applying for citizenship would have to undergo a rigorous, thirteen-year ordeal in order to obtain legal status. Hurdles on the path to citizenship would include an English language requirement, a $5,000 fine, and a "touchback" provision requiring the head of each household to return to his or her home country in order to obtain a green card. Though the "touchback" stipulation is partly intended to make amnesty fair to those who have been waiting in line to immigrate legally, recipients of amnesty should not have to pay the price for the Department of Homeland Security's inefficiency in processing visa applications. While the Comprehensive Immigration Reform Act of 2007 was rejected by Congress, the STRIVE Act also includes punitive measures such as fines, an English language requirement and extensive waiting periods. The STRIVE Act also includes measures to tighten border security. National Security Support for immigration decreased substantially after the terrorist attacks of September 11, 2001, and many people fear that amnesty would compromise national security. However, legalizing residents who are currently living outside of the system would actually help law enforcement agencies allocate their resources more effectively in the fight against terrorism. Currently, many undocumented residents are forced to use false identities and Social Security numbers in order to remain anonymous and avoid being deported. If these anonymous millions, the vast majority of whom are lawabiding residents, were free to use their real identities, law enforcement agencies could focus on pursuing criminals and would-be terrorists. The STRIVE Act, as well as the Comprehensive Immigration Reform Act of 2007, proposed increased security along the United States- Mexico border. Increased spending on programs that treat immigration as a crime is ill-conceived in principle and in practice. Philosopher Harry Binswanger argues that foreign immigrants simply want to engage in free trade, and should be openly welcomed to the United States. US lawmakers are a long way from embracing the kind of open immigration policy that Binswanger advocates. Even if the country remains intent on staving off immigration, stepping up border security fails to address the root of the issue. The desire for freedom and economic supply and demand are the driving forces behind immigration. Legislative attempts to minimize illegal immigration are unable to address those forces. Conclusion Legislation that includes provisions to punish immigrants for applying for legal status is unnecessary. Immigration benefits everyone, and Congress should be doing everything in its power to make it as easy as possible for immigrants to live and work legally and freely in the United States. 2

3 Amnesty: Con Thesis: A majority of Americans believe illegal immigration is detrimental to the United States. Studies demonstrate that the costs of illegal immigration outweigh any possible positive effect. The US government must end illegal immigration now. Summary: Surveys show that Americans across the country are vehemently opposed to illegal immigration. Every year millions of illegal immigrants stream across the US-Mexico border. Most of these illegal immigrants go on to find work in various low-paying jobs. Since many of these undocumented workers do not pay taxes on their wages, they contribute nothing to the public services they enjoy while living in the United States. American taxpayers and workers receive little benefit from giving these illegal migrants a free ride. Meanwhile, recent administrations and Congresses propose little reform other than granting illegal immigrants amnesty and legal status in the United States. Powerful business and corporate interests conspire with the government to employ illegal immigrants and drive down the wages of American workers. While this practice might benefit politicians and corporate interests, illegal immigration affects all segments of American society, particularly the middle class. Illegal immigration needs to end and the American government needs to enforce current immigration laws. Legal and Illegal Immigration in America Since colonial times, the United States has enjoyed the benefits of its legal immigration policy. However, there has always been an inherent conflict between the immigrant and the natural-born American. During the great waves of immigration in the nineteenth century, Irish, Italian, Jewish and Chinese migrants all were discriminated against by Americans who disliked the fact that immigrants took American jobs at reduced wages. Since that time, Americans have put great political pressure on the government to limit immigration. The government has responded with quotas (in 1882, 1921, and 1924) that severely limited the number of immigrants who could enter the United States. Since the last quota was established in 1924, there have been six major reforms to immigration policy. However, none succeeded in eliminating illegal immigration. According to current estimates, there are twelve million illegal immigrants currently in the United States, with an additional one million expected to arrive every year. As long as simple economic disparity makes it more profitable by several orders of magnitude for Latin American workers to sneak in to the United States, illegal immigration will continue to be a problem. Illegal immigration affects the country in many different ways. First, an illegal worker is undocumented by the state and therefore has no Social Security number or driver's license. Although many, if not most, use the documentation of other, unwitting Americans, and web sites have been available for years, matching illegal immigrants with otherwise legitimate documents. Undocumented immigrants do not pay the taxes that American citizens pay, but still take advantage of many public services, such as public hospitals and public schools. Using recent data from the Census Bureau, the Center for Immigration Studies released a report calculating that illegal immigrants paid only $16 billion in taxes to the federal government but ended up costing over $26 billion by utilizing federally subsidized programs. This results in a deficit of over $10 billion a year, a burden that falls on American taxpayers. However, the costs to the American taxpayer are only part of the problem. The average illegal immigrant is unskilled and works in the agriculture, construction and manufacturing sectors. In general, illegal immigrants affect the wages of unskilled native workers, some of whom have seen wages reduced by as much as 7.4 percent between 1980 and Moreover, on the economic level, many illegal immigrants send part of their wages back to their home country, in a wire transaction known as a remittance. These remittances are counted as an export of capital, and are therefore a reduction of gross domestic product (GDP) for the United States. Thus, illegal immigration not only affects the American working class, but also affects the American middle class by reducing the strength of the overall economy. What Washington Wants to Do About Illegal Immigration A June 2007 United Press International poll showed that 65 percent of Americans disapproved of illegal immigration; a sizable percentage favored deportation. In response, 3

4 Congress and President George W. Bush have decided to enact immigration reform. Illegal immigration has hidden benefits for both the Democratic and Republican parties. The Democratic Party likes to portray itself as a friend to the huddled masses, and rarely supports any sort of immigration reform. On the opposite end of the spectrum, the Republican Party has been the party of big business and is in favor of illegal immigration since it provides an expanding labor pool, which keeps wages low. Both parties have vested interests in maintaining the status quo; hence no substantive reform is possible. This is not the first time that the US government has dealt with the problem of immigration in recent decades. In 1986, President Ronald Reagan signed the Immigration Reform and Control Act, which imposed severe penalties against companies that hired illegal immigrants and granted amnesty to the estimated two million illegal immigrants then living in the United States. Likewise, President Bill Clinton oversaw the passage of the North American Free Trade Agreement (NAFTA) in A key claim of NAFTA supporters was that the act would slow illegal immigration by providing Mexicans with more jobs in their home country. Both of these major policy shifts failed to significantly reduce the number of illegal immigrants entering the United States. Corporations that hire illegal immigrants are rarely punished, and more and more illegal immigrants continue to find employment within the United States. The terrorist attacks of September 11, 2001, demonstrated the dangers of open borders through which illegal immigrants can enter the United States in large numbers. Several of the hijackers were staying in the United States illegally. In response, then-president George W. Bush promised the American people that the borders would be secured. However, more than six years after the attacks, the borders remain open and unguarded. Following his reelection in 2004, President Bush announced his own immigration reform policy. The plan was essentially an extension of the previous immigration reform from Bush offered to introduce a guest-worker program that would document current illegal aliens and allow them to eventually apply for citizenship. Congress drafted two different immigration bills to support President Bush's proposal. In 2005, the House of Representatives passed HR 4437, known as the Sensenbrenner Bill. The bill made it a punishable felony to illegally immigrate to the United States. Fines against employers hiring illegal immigrants were significantly increased, and a 700-mile fence between the United States and Mexico was proposed. However, this bill did little to enforce current immigration laws by requiring employers to fire illegal workers. The Senate did not pass the House bill. In SB 2611, the Senate proposed de-criminalizing illegal immigration, increasing border security (without a border fence) and allowing the creation of a guest worker program that would allow up to 200,000 guest workers to eventually apply for citizenship. The Senate's proposal was a form of blanket amnesty. Massive public protest ensued, with voters calling their Senators to protest the bill. Despite the support of Senators John McCain (R-AZ), Ted Kennedy (D-MA), and John Kyl (R-AZ), the bill failed to pass. ~~~~~~~~ By June 2007, a new bill, SB 1348, was put before the Senate. This bill granted the same asylum to current illegal immigrants by providing them with a Z visa to remain in the United States. A renewal of furious public protest resulted in the narrow defeat of the bill. Undeterred, President Bush arranged with Republican Senators for a new vote on June 28, The bill was defeated again. The Public Reaction The proposals coming from Washington, DC, bear no relation the position the majority of Americans take in regard to illegal immigration. Americans want current immigration laws enforced and an immediate end to illegal immigration. A well-funded border patrol and enforcement of current immigration laws against employers who hire illegal immigrants would accomplish both of these goals, but unfortunately, there has been precious little political capital employed to advance these proposals. Since both Democrats and Republicans oppose these efforts, albeit for different reasons, there is little chance that official policy will be brought into line with majority opinion, even after the election of President Obama. There has been a swell of opposition to illegal immigration, signifying widespread discontent with the American government. In Arizona and California, citizens formed the Minuteman 4

5 Project, a group dedicated to watching the border with Mexico and reporting illegal crossings to the Border Patrol. In 2005, this group received widespread support, including an endorsement from California Governor Arnold Schwarzenegger. Media personalities Rush Limbaugh and Lou Dobbs have reached out to thousands nationwide with their attacks against illegal immigration. As many commentators have observed, illegal immigration is one of the most pressing political issues in the United States today. Many politicians are concerned about their political survival if they endorse any sort of amnesty for illegal immigrants. In contrast, politicians such as Duncan Hunter (R-CA), Tom Tancredo (R-CO) and Ron Paul (R-TX) launched 2008 presidential campaigns based on strong anti-illegal immigration platforms. Illegal immigration continues to be an issue of primary significance to most Americans. In the post-2008 economic crisis, the issue has taken on a new sense of urgency. News reports have shown many illegal immigrants have begun voluntarily returning to their home countries citing a lack of work in the US, but other reports show that Americans now willing to engage in employment that in past decades may have appeared to be "beneath" them, are increasingly frustrated with any jobs being taken by illegal immigrants. Conclusion Illegal immigration reduces the wages of the American worker and costs the American taxpayer millions of dollars. Recent studies have estimated that remittances alone cost the United States around $18 billion annually. Until the economy recovers, new attention is being paid to the fact that illegal immigrants take jobs that Americans are now willing to do. The border between Mexico and the United States needs to be secured, and an effective and reinforced Border Patrol must be allowed to do its job, both from a homeland security perspective and a job and population security perspective. Most Americans are open to immigration, provided the government processes immigrants in a legal and straightforward manner. Without further reform, illegal immigration has the potential of destroying the American middle class as well as endangering American security by allowing thousands of undocumented and unknown people to flow freely through our borders. Illegal immigration is an economic, social and national security issue that must be addressed. With a controlled legal immigration system, the United States can protect itself and also welcome the best immigrants that the world has to offer. Not doing so subjects us to the lowest common denominator of immigrants, which cannot possibly be in the best interests of the country. 5