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Contact CU Independent Staff Opinion Columnist Emily McPeak at emily.mcpeak@colorado.edu.
For more than 20 years, U.S. immigration policy has been stuck in a vortex of inaction. The movement of foreign people into this country is as old as the nation itself, if not older — it is a force that has always played a strong role in shaping American society, politics and economic well-being, for better or for worse. But in a political era of high polarization, immigration policy has come to a detrimental standstill.
According to Donald Trump, the infamous frontrunner for the 2016 Republican presidential nomination, “[We] have many problems in this country; one of them is immigration.” Despite his disturbingly nativist “us” versus “them” rhetoric, Trump is correct in his focus on immigration as an area of policy in need of attention.
The last time comprehensive immigration reform made its way through Congress was with the Immigration Reform and Control Act of 1986, or IRCA. This bill revised a previous law, the 1965 Immigration and Nationality Act. It added policy aspects such as employer sanctions — fines and jail time — for the hiring, transportation or harboring of undocumented aliens. It also increased border controls and initiated the notorious amnesty program, which enabled approximately 2.7 million undocumented immigrants to apply for permanent residence (via green cards).
IRCA became law under President Ronald Reagan, who backed its sweeping promises that it would forever solve the illegal immigration problem. On the contrary, it proved to be a disappointing failure — employers found a way around the system. For example, they could still hire contract workers who are not considered employees under the law, thus gaining the ability to treat these laborers in a discriminatory matter.
What’s more, illegal immigration did not slow as a result of amnesty or the increase in border controls. If anything, the added danger that came with crossing the border caused many immigrants to stay in the U.S., rather than cycling back and forth. It is from this climate that the current immigration problem developed.
Today, there are approximately 11 million undocumented immigrants living in the U.S. While the flow of illegal immigration into the country has leveled off in recent years, it’s still a large issue in society that needs to be addressed — many undocumented immigrants can’t attend college, drive or work. In response to the federal government’s inability to pass comprehensive reform, some states have taken matters into their own hands. Beyond the debate over the constitutionality of these actions, they are having detrimental effects on immigrants and American citizens alike.
Take, for example, SB 1070, a law passed in Arizona in 2011 and otherwise known as the “Show me your papers” legislation. It allows law enforcement to stop anyone they suspect to be an undocumented immigrant and request to see documents proving their legal status. In addition to condoning race- and ethnic-based discrimination, SB 1070 has caused the immigrant community in Arizona to live in a state of fear, mistrust and isolation.
Americans, for the most part, fail to realize the true driving forces behind immigration. Many recognize the fact that people move to the U.S. from other countries in search of a better life for themselves and their family. But Americans largely ignore the role the U.S. played in creating the factors that push migrants out of their homeland and pull them to ours.
America perpetuates a view of itself as a nation with a divine right to dominate the world and shepherd other countries toward a democratic utopia. In reality, the U.S. is a nation of people who took a resource-rich land from others and since then has built its dominance through any means necessary. Specifically, in the 20th century, America enhanced its global power by engaging in trade deals, wars and alliances which benefited its own interests at the expense of other nations.
Mexicans, for example, flee their homeland in order to escape the poverty and corruption that exists there. While many Americans may trace these circumstances to an inherent flaw in the Mexican government and social structure, it can be argued that the situation was exacerbated by the North American Fair Trade Agreement, or NAFTA.
This act enabled U.S. products to be sold in Mexico at a price that laborers there could not compete with, undercutting the nation’s industrial sector. NAFTA, while benefiting the U.S., led to economic instability in Mexico that has since been a driving force behind increasing immigration. On the other side of the world, the Syrian refugee crisis has exploded partially due to a situation in the Middle East which the U.S. played a role in creating.
Nevertheless, many Americans view these people as parasites coming to take advantage of the resources and opportunities the U.S. has to offer. Trump, in his oh-so-eloquent way, illustrates this negative view of immigrants by labeling them as criminals, rapists, drug dealers and anti-American extremists. While doing so in a slightly less offensive way, other politicians echo this mentality by calling for the U.S. to build taller walls and keep all refugees from the Middle East out. In doing so, they perpetuate a stance on immigration that fails to recognize the humanity of the people on the other side of the issue.
In the way Americans discuss these issues, there is an almost exclusive focus on how immigration may hurt U.S. interests. Many Americans claim that illegal immigrants steal jobs from U.S. citizens and drive the economy down in the process. In line with this point of view, developing an easier path to legal status in the U.S. would cause national disunity and a dilution of American dominance.
However, immigration has proven to be beneficial to U.S. interests. Throughout American history, the flow of new people and ideas into the country has been a driving force behind progress. Not only do these people, then and now, provide a crucial labor base for U.S. industry, they create new businesses and are a dependable source of innovation. Socially, immigrants have helped, and continue to help, the U.S. transition into a multicultural society, a necessary trait if the nation is to lead an ever-globalizing world.
Currently, there is a partisan divide on how the immigration problem should be solved. Frustrated with the polarized political system, President Obama has taken matters into his own hands. In 2012, he issued the Deferred Action for Childhood Arrivals policy, or DACA, by executive action. It allows undocumented immigrants who came to the U.S. both before their 16th birthday and before 2007 to obtain a work permit and exemption from deportation.
The constitutionality of DACA has been called into question, and in 2016, the Supreme Court will judge whether or not it should be continued. The counterpart to DACA, Deferred Action for Parents of Americans, or DAPA, which aimed to provide the parents of U.S. citizens with work permits and deportation exemptions, has also been blocked by a federal district court.
DACA and DAPA, while not perfect, reflect realities that must be taken into account if comprehensive immigration reform is to be achieved. The U.S. does not have the money or resources to deport the 11 million undocumented aliens who currently reside in the country; nor would it be ethically sound to deport people who were brought here as children, or to split families up by deporting the undocumented parents of U.S. citizens.
Traditional American values have always been centered around family and the idea that all should have an equal ability to make the most of their individual life. It is time for Americans to push for immigration reform that reflects the image of ourselves we like to see in the mirror — as a nation of different people united in a mutual effort toward global progress.
