(2006-2007)

The two-year Immigration Study undertaken by the League of Women Voters of the United States has reached the member agreement phase, the time when Leagues prepare to reach consensus. Achieving Grassroots agreement on serious national issues is one of the League’s greatest strengths and part of its valued history. Preparing for and taking consensus is a challenging but worthy process, the results of which will allow LWV to affect national policy for years to come, something the League has been doing in other major social and political areas for 87 years.

The coordinating committee members responsible for our local League’s immigration study consensus process are Catherine Christmann, Barbara Myers, and Barbara Whitehill, with Bonnie Burn serving as chair. The committee has added a special educational insert to this issue of The VOTER that provides synopses of the eight background papers originally developed by the League’s National Study Committee. Please note that complete texts of these papers are available on the LWVUS website: www.lwv.org under the Members Only tab. Also, the National Voter issues for June and October, 2007, contain briefing papers on this immigration study. League members are being asked to form a consensus based on the data presented in these materials via a survey questionnaire created by the National Study Committee to assist us in this process.

The scope of the Immigration Study includes:

We strongly encourage you to read the information provided herein and to attend the Breakfast General Meeting on November 14. Immigration is unquestionably a broad and complex topic, and constructing a consensus will be enormously challenging. But it cannot happen without your participation.

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Effects of Global Interdependence on Migration – Dorrit Marks

Globalization expands international trade, investment, and exchange of information while creating economic insecurity and gross disparities in living standards, particularly in Mexico and Central America. The result is increased illegal immigration fueled by an increased demand for labor in the U.S. Resettlement by undocumented workers is no longer concentrated in border states, but is distributed across the U.S. to communities as diverse as Utica, New York, Des Moines, Iowa, and Spokane, Washington.

The worldwide flow of remittances forwarded by foreign workers to their home countries exceeds $60 billion annually, with Mexico having received $24 billion in 2006. Most remittances are used for basic necessities, education and healthcare for workers’ families, but a portion is committed to home country investments.

Certain policies of the U.S. have inadvertently increased illegal immigration by undercutting local Mexican economies. U.S. farm subsidies, NAFTA tariff reductions, and preferred interest rates provided Mexican buyers who contract with U.S. exporters have drastically reduced the market value of Mexican agricultural products. Since 1994 more than a million farm workers have been displaced within the Mexican market. Since the implementation of NAFTA, real wages for the average Mexican worker have significantly decreased, widening the difference between one’s earning capacity in Mexico as compared to laboring on farms in the United States. In 2008, when Mexico is required to comply with NAFTA’s deadline to eliminate its corn and bean import tariffs, things will only get worse.

The rapidly expanding labor force in developing nations continues to outdistance job creation, increasing the pressure towards migration. International competition for foreign graduate students and skilled workers has created a "brain drain" in Mexico, with nearly one-third of Mexicans with advanced degrees leaving for the U.S. Advocates of U.S. immigration policy reforms urge addressing the issues of global integration of skilled and unskilled labor markets, the effects of farm subsidy and NAFTA policies, greater equalization of economic development and individual earning capacities within developing countries, and ease of employment-linked U.S. permanent residence visas if illegal immigration is to be reduced.

What Motivates Immigration to America? - Patricia Hatch

Historically immigrants came to America for religious freedom, freedom from oppression and economic hardship. Recent immigrants still come for humanitarian protection, but it is a small percentage; approximately 5%. The most common reasons are family reunification and jobs.

There is a ten-year wait for a spouse and minor children of a legal immigrant to receive a visa. Siblings of US citizens wait 16 to 30 years for a visa. Faced with being separated for a decade or more, many resort to illegal entry.

Jobs are a strong motivation for immigrating to America. In 1994 one in ten workers were foreign born while in 2004 one in seven workers were foreign born. It takes five years to begin the visa process. Workers without advanced degrees or a skill designated a "shortage occupation" have no legal way to enter the United States.

An effective restructuring of the US immigration system is needed. There needs to be orderly, dependable, accountable and timely channels for acknowledging these motivations.

Overview: Federal Immigration Policy and Proposed Reforms – Deborah Macmillan

The present federal policy governing legal immigration to the United States provides specific categories under which permanent residency visas may be granted:

The 1965 immigration law reforms opened entry to all countries. Quotas were established to provide family reunification; attract professionals offering specialized services and entrepreneurs who could create work for others; protect those whose human rights were at grave risk; and achieve diversity as to country of origin. The diversity visa lottery (open to countries with low rates of U.S. immigration) markedly reduces the possibility of legal entry for immigrants from countries with the highest interest.

Temporary visitors (tourists, students, guest workers) are admitted under a separate quota system. However, 25 to 40 percent of "temporary" visitors overstay their visas. Adjustment from temporary to permanent status is frequent.

U.S. immigration proportionate to population is no greater than it was a century ago. Increased concern over immigration is attributable to the shift in settlement areas by undocumented immigrants. Public attention to covert crossings into the U.S. from Mexico has produced fewer return trips to Mexico. The result is that migrating groups now often include entire families, with more children of illegal immigrants being born in the U.S. By virtue of their birth, these children are U.S. citizens.

All immigrants, whether authorized or not, enjoy fundamental protection under law as guaranteed by the Bill of Rights. Since 1996, permanent residents have experienced increasing restrictions regarding access to the courts and to varied social services. The U.S.A. P.A.T.R.I.O.T Act of 2002 limited the entry of foreign-born visitors by broadening the criteria for their exclusion. Several states and local communities have attempted to enact legislation further limiting rights of non-citizens. Lawful permanent residents who wish to become citizens can do so through the naturalization process.

Proposed Reforms: ▪ Permit unauthorized immigrants living in the U.S. five years or more to remain, contingent upon specific demands. ▪ Provide amnesty to individuals educated in U.S. schools. ▪ Increase quotas to countries with highest demand. ▪ Change the Constitution’s 14^th Amendment to limit automatic citizenship to a U.S.-born child with at least one parent who is a U.S. citizen or permanent resident. ▪ Transfer responsibilities for implementing immigration laws and policies from the INS to state and local governments. ▪ Make English the official language.

Historically the head of a household often immigrated first. Once financially established, the immigrant’s family then followed. In 1965 a new immigration act established a family preference quota. The majority of visas are now given to family members sponsored by legal immigrants.

The problem is the long processing delays because of massive backlogs, insufficient staffing and administrative snafus. In January 2006, the USCIS had over one million family based petitions pending, the majority of which had been on hold for many years. But approval of the petition is only the first step. In 1997, more than three and a half million approved petitioners were waiting for visas; included in that number were 1,252,700 spouses and minor children. It can take as long as 20 years for the spouse and minor children of a lawful resident to legally join them. For Mexicans the wait is even longer. By the time many receive visas, the minor children have aged out and no longer qualify for the visa. Other problems exist with the current system. For example, when the visa finally becomes available, the legal resident must submit proof of wages at 125% of the federal poverty level. Many are not able to satisfy this requirement.

The current family reunification system is not working and is contributing to the breakdown in the integrity of the US immigration system. Reforms that allow a more timely reunion of families must be accompanied by funding for additional staffing to eliminate backlogs and maintain the integrity of the system. Families desperate to be together rather than face interminable separation are likely to continue resorting to illegal immigration.

Economic motives now outweigh religious ones among the motivation for immigrants entering the U.S. Throughout its history, the U.S. has depended on immigrants—voluntary people looking for a better life and also indentured servants and slaves to fill the labor requirements of the new country. Business has often targeted specific immigrant groups for employment, (e.g., Chinese to work on the railroads, the Irish to work on railroad building or mining, and Eastern and Southern Europeans for manufacturing enterprises). The flow of immigration throughout the 19^th and early 20^th century was directly tied to the strength or weakness of the American economy; the boom and panic in the country and fundamental transformations of the economy.

According to the Bureau of Labor Statistics, 56 million new jobs will be created in this country during the period 2002 to 2012. During this same period, seventy-five million Americans will retire, and declining native-born fertility rates will be approaching replacement levels. Half of the new jobs will require no more than a high school education. In 1960, half of all American men dropped out of high school to look for unskilled work, whereas now less than ten percent do. These factors create a shortfall in labor, including unskilled labor. Will older Americans fill the gap?

The vast majority of immigrants come to the United States to work. There is not a safety net for either legal or illegal immigrants should they be out of work; therefore, the labor-force participation among foreign-born men exceeds that of the native-born. Among illegal immigrant men there is 94 percent employment, the highest of any group.

Comprehensive immigration reform is needed. Should the U.S. immigration system be market-based? For the past decade or so, market forces have attracted some 1.5 to 1.8 million skilled and unskilled immigrants. Annual legal quotas admitted only about a million each year. The enforcement of legal limits creates a significant imbalance among supply and demand for labor. Currently, 5,000 visas a year are issued to year-round unskilled workers, when 400,000 to 500,000 additional workers are needed.

• Temporary (non-immigrant) status and permanent (immigrant) status are adjustments to the status of people already in the United States.
• The legal structure is exceedingly complex. The 24 temporary visa categories in the basic law have now expanded to 70 sub-categories.
• What would happen if the influx of immigrants stopped or if those already here left the country?
• The impact of a projected U.S. demographic change resulting from the slowing in growth of the native-born work force.
• Is the standard of U.S. life made better by immigrants?

Workplace enforcement is a quagmire for the government and the employers. Systems for ensuring that unauthorized employees have correct social security documentation and are in the Department of Homeland Security databases result in months of wait for verification. The employer must maintain a record (I-9 Form) demonstrating they have asked for and examined specific documents. Employees have the right to select the identification documents, and, unless the documents appear to be forged, employers must accept them. Although automated systems like the Basic Pilot federal online system and IMAGE are available, participation is voluntary, and enrollment is low. The current system has spawned a burgeoning false document industry, subverting the law’s documentation requirement.

Border enforcement and visa entry/exit monitoring is not effective. Overstaying visas is the greatest problem in this area. Fixes like fencing in one area along the Mexico/U.S. border moved illegal entry to another border crossing. Since the passage of IRCA in 1986, the Border Patrol budget has grown more than 500 percent and its personnel over 200 percent. The number of unauthorized immigrants now living in the U.S. is estimated at 10.3 million, with annual flows averaging well over half a million a year. A significant body of scholarly work concludes that border control has not been successful. A General Accounting Office report noted that "the extent to which border control efforts by INS may have affected overall illegal entry along the Southwest border remains unclear."

Over the years the U.S. economy has accommodated an expanding labor supply that includes 1.5 million immigrants per year. Immigrants stimulate the economy and increase the demand for still more labor.

Over the past decade immigrants filled more than half of all new jobs in the U.S. On average, the additional tax burden per household is no more than a couple hundred dollars a year. The tax burden is higher in areas with a large proportion of immigrants. In California in the mid-90s it was $1,178 per native household.

The number of unauthorized immigrants is estimated at 10 to 12 million with a growth rate of approximately 500,000 per year. The influx is primarily a response to supply and demand. There are conflicting studies about the impact of immigration on low-skilled native workers.

A low unemployment rate has increased the need for Mexican workers. These low-skilled workers fill the increasing proportion of jobs that require minimal education. Some researchers believe this improves the economy while other show concern about the impact on low wage earners.

Immigrants make a large contribution to high-skilled occupations. They bring skills that are in short supply. Immigrants have had a profound positive impact on company creation, economic innovation and market value.

Productive discussions on immigration must include the contributions, as well as the costs.

U.S. immigration policies have favored diversity of country of birth since 1965. The policies have capped the number of immigrants from a given country and allowed for a "diversity lottery" to ensure at least some possibility of entry from all countries.

Examples of demographics in the 2000 U.S. Census show that 12 percent of U.S. total population is foreign born, with Mexico dominating at 30 percent and the Philippines at four percent. Seventy-two other countries account for one-tenth-of-one percent to three percent of the population. Diversity is more evident in some regions of the country than others (e.g., in New York City, immigrants from the Dominican Republic make up 12 percent of the total population while in Miami Cuban immigrants make up 46 percent).

Issues related to a diverse population include language used both at home and in the community. Age of exposure, education, and ability to attend language classes determine fluency, that is generally achieved by children first. By the third generation, children are totally fluent. American English often retains traces of the languages of past and present immigrants.

Assimilation and inclusiveness are issues that contribute to a cohesive community. Research literature has demonstrated that the vitality of immigrants has contributed to the success of the United States. Diversity offers an opportunity to consider many sides of an issue depending on the education and background of the immigrants.

On the other hand, diversity may be a barrier to community cohesion. Language, customs, dress, and occupation often contribute to the "differentness" that makes immigrants stand out in society. Crime is often associated with immigrants, although crime among immigrants may be overly generalized and influence public perception of degree and seriousness.

Transience and permanence is another issue. Immigration is generally permanent. Increased law enforcement along borders is making it more difficult to migrate back and forth—once a round trip has now become a one-way trip. The return rate today for immigrants overall is 20 to 25 percent. Transience is higher when families have stayed behind in the country of origin.

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