Immigration Reform - Term Paper Example

? Immigration Reform Immigration Reform Developed nations such the United s will always attract immigrants searching for jobs and better life. The problem is that most of these immigrants access their destination through the use of illegal immigration channels, e.g. use of the border between the United States and Mexico. According to Wasem (2010), the current proportion of foreigners residing in the U.S. has reached approximately 12.6% of the national population with about 10.8 million of these residing illegally. Immigration reform is a term popular within the political circles relating to changes in the immigration policy. Immigration reform targets both legal and illegal immigrants. The proponents of the immigration enforcement argue that immigrants cost tax payers an estimated $338.3 billion dollars. Immigration reform includes the involvement of various state organs stemming from the executive to the judiciary; with each playing a unique role as stipulated in the Constitution. Constitutional Position The United States require a new immigration policy that is based more on realism rather than wishful thinking. The policy should be inclusive with each state organ playing a distinct contributory role in liaison with other organs. It is unwise for the government to waste vast resources in enforcing arbitrary numerical restrictions to immigration policy that have no impact on the economic situation. The government will gain economically if the economic reform undertaken collectively with the involvement of all governance structures. Branches of Government Engaged In Immigration Reform Office of the President The Office of the President’s role in the reform is putting the necessary judicial line-up in place for reform realization. Such roles include the appointment of the Supreme Court judges and judges of appeal or district courts. The office of the president can also use its powers to influence the senate to changing the immigration reform agenda. The political influence on the debate can also be influenced by the intervention of the president as a state figure. The office of the president has of late remained mum on the issue owing to the political interests vested on the issue. The political orientation determines the decision that the president is expected to take. Although the office of the president continues to insist on a pledge to uphold sustainable immigration policy reform, many critics state that the lagging in the policy implementation signifies lack of commitment to the promise. Executive Bureaucracy The executive is spearheaded by the president and his deputy and is more inclusive in terms of governance as compared to the office of the president. Some of the executive institutions involved in immigration include; the Department of Homeland Security, immigrations and naturalization service, Bureau of Immigration appeals, immigration judges serving in immigration courts and the Executive office of Immigration Review (Serow & Ladd, 2011). Some of these arms of the executive have been involved in bureaucratic actions while dealing with the immigration issue. For instance, the immigration and Naturalization Service has been accused of possessing backlogs on family and employment-based immigration applications. Most of the delays are exacerbated by the numerical visa issuance that faces numerous legal limitations. For instance, the recent statistic states that an estimated 5.8 million individuals that attained the approval for family base immigrant visas have not yet received them up to date. The Customs and Border Patrol agency has been accused of using militaristic approaches when dealing with illegal immigrants along the borders. This has fuelled violence, migrant death and anti-immigrant hostility. Yet, the executive regards the departments as efficient in maintaining security along the borders (Kohli and Varma, 2011). The immigrations and customs enforcement (ICE) institution has been accused of targeting innocent illegal migrants and those with petty crimes with increased incidences of racial profiling amounting to civil rights violations. House of Representatives The members of the House of Representatives have the responsibility of presenting the views of their member states as well as initiating the national legislative properties. Most of the committees involved in the immigration, in the House of Representatives, include subcommittee on immigration, terrorism, homeland security and conference committees. According to Fears (2007), the U.S. House of Representatives passed the Border Protection, Illegal Immigration Control and Anti-terrorism Act of 2005 in 2006. However, the bill did not become law owing to the irreconcilable differences among the conference committee members (Fears, 2007). Senate The Senate Judiciary Subcommittee on Immigration has taken a lead role in immigration legislation. The foreign relations committee has also contributed in the enactment of foreign measures geared towards reducing the convergence of illegal immigrants from other nations. Some of the changes proposed by the committee include improvement in technology, infrastructure and border personnel as well as use of biometric-based employer verification system. Another committee involved in the implementation of the policy is the subcommittee on immigration, border security and immigration, which falls under committee on the judiciary docket. This committee has undertaken an overview of the asylum policy, effective antiterrorism measures, alien child protection and border security. Subcommittee on Terrorism, Technology and Homeland Security is involved in improving the border technology. Committee on Foreign Relations is engaged in protection of the American interests in relation to the presence and the convergence of immigrants in the United States. Subcommittee on Immigration and Refugee Policy deals with issues related to refugees. These committees have collectively proposed various options in reforming the immigration law including legalizing some undocumented migrants who achieve certain work and language requirements and frustrating the complexity involved in the attainment of visas or skilled workers. This will help in decreasing the number of illegal immigrants and increase the number of legal migrants across the employment sector. Judiciary The laws on immigration are enacted by the congress through political battles within the context of institutional norms and law. The federal judiciary making implements those laws in cases such as political asylum, deportation, removal or exclusion cases. The district courts preside over pretty crimes involving trespass on the immigration policies leading to short jail terms or fines. However, any discontent in the ruling is referred to the court of appeal. According to Palumbo (2009), most of the U.S. court of appeal ruling is more lenient towards trespassers while the Supreme Court is more differential. The Supreme Court is normally involved if the case requires any form of alteration of Constitution or federal law. Other Influential Organizations Most labor unions favor the implementation of temporary worker programs that would help them counter the problem of worker shortage and establishment of a wide pool of skilled labor. However, the business institutions find the proposal too restrictive. Consideration of Impacts Immigration Reform Process Federal Perspective The federal government has a diluting effect on the positive contribution of immigration to the United States. The attitude has been fuelled by the uncertainty emanating from concerns about terrorism and illegal migration. The Customs Border patrol budget has been increased from $6 billion to $10.1 billion in tightening the security along the borders through state-of-the art virtual fencing and increasing surveillance (Kohli & Varma, 2011). Immigration and customs enforcement (ICE) has been tasked with the role of elimination of the illegal immigrants involved in criminal activities. According to Kohli and Varma, (2011), programs such as secure communities and 287 (g) are applied. Most of the measures affecting this policy are directly affected by the federal laws e.g. enhancement of the border security that directly affects issues related to the national security. States’ Perspective The main challenges facing immigration reform emanates from diversity in the states’ opinions on the issue, i.e. some are opponents while others are proponents. Some states such as Arizona have complicated efforts towards efficient and fair immigration efforts, i.e. they have enacted non-uniform standards regarding immigration, as well as granting untrained law enforcers to preside over the reform. This has attracted law-suits and consistent conflicts with the US law organs including the US department of justice. However, most of states conform to the position of the federal government on immigration reform. Political Parties The opinion of the political parties is dependent on the stand that is going to benefit them politically relative to their opponents. Implementation of the policy has been stalled by a deadlock existing between a significant number of Republicans and Democrats. The disparity exists between those who favor enforcement only approach and those and those favoring comprehensive reform. Providing undocumented aliens with a pathway to attainment of legal status has sparked debate, with the opponents positing that the action represents an unjustified amnesty (Family, 2006). The current administration proposed a comprehensive plan that signals its commitment towards immigration reform in the near future. Media The 2010 academic studies have proven that the media focus on immigration issues enhances opposition in migration among residents inhabiting places that are experiencing the influx in new immigrants. This implies that the increased resentment towards immigration is stirred by the prominent and heated nature of the debate being spearheaded by the media (Hopkins, 2010). Summary Considerations Considering the Principles of Responsiveness to the Polity and Social Needs The reform decisions should be socially fair to both the immigrants and the native people. Some of the ardent measures necessary in the implementation of the policy include strengthening of the border security, application of the verification system, offering citizenship to undocumented immigrants who relocated to the US and meet a set criterion and offering a temporary worker program for skilled and disciplined workers. Considering the Principles of Efficiency and Responsiveness to Market and Economic Needs Immigration has strongly contributed in positioning the current US economy as the world’s most dynamic and strongest. The principle dimensions considered when analyzing the impact of illegal immigrants in the US economy are jobs and wages. Research has proven that immigration has no negative impacts on the employment rate of the native born workers (Jones, 2002). This implies that increased work force in a certain economic field would lead to an increase in job opportunities in other fields, e.g. increased agricultural workers would increase the demand for workforce in the restaurant industry. Immigrants promote financial institutions such as banks due to investment, widen markets for the goods through consumption and spending, and promote the economy through payment of taxes. Constitutional Position The limits on immigration reform should be flexible depending on the changes in the labor demand as well as enforcement of fair wage and labor laws that offer fair protection to all workers, regardless of their origin. The policy makers should realize that if efficient immigration laws are enacted, there would be less pressure for illegal immigrants to enter the US soil and for the employers to hire illegal immigrants. Achievement of the goals of the globalized 21st century will require the nation to view employment-based immigration as a resource that can be harnessed to foster economic growth and meet labor market needs. Conclusion Comprehensive reform in the immigration policy is urgent. The overall decrease in the overall immigration offers a perfect opportunity to craft reform legislation that would enhance the management of the nation’s immigration system during the economic recovery. Genuine reform of the nation’s immigration policies is the only way through which the nation can reap the benefits provided by immigration. References Family, J. E. (2006). The many sides of immigration law and policy. Widener University School of Law. Retrieved from http://works.bepress.com/cgi/viewcontent.cgi?article=1013&context=jill_family Fears, D. (2007). Immigration reform revisited. The Washington Post. Retrieved from http://www.washingtonpost.com/wp-yn/content/article/2007/03/22/AR2007032201840.html Hopkins, D. (2010). Politicized Places: Explaining Where and When Immigrants Provoke Local Opposition. American Political Science Review, 104(01), 40-60. Jones, C. (2002). Sources of U.S. Economic Growth in a World of Ideas. The American Economic Review, 92(1), 220-239. Kohli, A., & Varma, D. (2011). Borders, Jails, And Jobsites: An Overview of Federal Immigration Enforcement Programs in the U.S. Retrieved from http://www.law.berkeley.edu/files/WI_Enforcement_Paper_final_web%282%29.pdf Palumbo, A. E. (2009). The authentic Constitution an originalist view of America's Legacy. New York: Algora Pub. Serow A. G., & Ladd, E.C. (2011). The Lanahan readings on the American polity. Lanahan Publishers, Inc. 5th edition. Wasem, R. E, (2010). Immigration reform issues in the 11th congress. Congressional Research Service. Retrieved from http://www.fas.org/sgp/crs/homesec/R40501.pdf Read More