Illegal Immigration


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Immigration Reform

*Dept. of Homeland Security

*United States Immigration and Customs Enforcement U.S.

The impact of illegal immigration has had profound effects on American society. As such, a series of measures have been discussed and/or implemented to alleviate the issue by providing a means to increase legal immigration while decreasing illegal immigration. This initiative is referred to as immigration reform. In this article, we will look at both enacted and proposed legislation towards this end.

In 1986, Congress passed the Immigration Reform and Control Act (aka the Simpson-Mazzoli Act). This act made it illegal for employers to knowingly hire illegal immigrants and required them to verify the immigration status of workers before hiring them. Additionally, this act granted amnesty to illegal immigrants who entered the US prior to January 1, 1982 and resided there continuously since then and provided a way to legalize the immigration status of certain agricultural workers and migrants who had been illegally and continuously present in the US since that date.

Since 1986, additional legislation has passed as bills but did not become law. In 2006, for example, the House of Representatives passed the Border Protection, Anti-terrorism, and Illegal Immigration Control Act of 2005. This act required 700 miles of fence to be constructed along the US border with Mexico at points with a high rate of illegal crossings, required employers to electronically verify the immigration status of their employees and increased penalties for hiring illegal migrant workers, made it a felony to house or harbor illegal aliens, and required the federal government to take custody of illegal aliens from local authorities rather than release them due to a lack of resources to prosecute them. Federal, state, and local agencies with a "sanctuary city policy" that protected illegal immigrants would also be ineligible to receive grants from the federal government and the US VISIT program would be rolled out to all land based ports of entry. Also in 2006, the Senate passed the Comprehensive Immigration Reform Act of 2006. According to its provisions, the number of guest workers allowed in the US would be increased via a special "blue card" program while certain long term illegal immigrants would have the opportunity to legalize their status. Additionally, the security along the US border with Mexico would be enhanced to deter illegal immigration.

In 2009, immigration reform became a focal point of the Obama Administration. There has been intense discussion of a more comprehensive immigration reform program but it remains to be seen what specific changes will be implemented. One piece of proposed legislation, for example, is the DREAM (Development, Relief and Education for Alien Minors) Act which was first introduced in 2001 but re-introduced in 2009 by the House of Representatives. This act would allow certain illegal immigrants who arrived in the US as minors and graduated from American high schools the ability to get conditional permanent residency if they complete two years of military service or two years in a four year institute of higher learning. In 2010, Arizona passed its own controversial legislation which requires immigrants to carry their documents at all times and lets law enforcement officers decide the immigration status of individuals. This legislation has sparked a public outcry across the nation with critics questioning the value it would bring and arguing that it would instead lead to racial profiling and alienating the Hispanic American community.

Immigration reform is a complex topic and there is presently no clear consensus on the best way to move forward. Measures likely to be implemented, however, include enhanced border security along the US-Mexico border, improved technology such as the use of biometric systems to track visa compliance of guest workers as well as the installation of more cameras and radar towers, expansion of the US-VISIT system, and ending the "catch and release" policy and working with other countries to repatriate deported immigrants. Penalties for illegal employment and employers who hire illegal workers would also be increased. There would most likely also be a path to legalizing at least some of the millions of illegal aliens already present in the US and possibly allow them to gain permanent residence; as Obama himself has said, "we are not going to ship back 12 million people" as a practical matter. Only time will tell what measures in particular will be implemented and how effective they will be.

 
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*Disclosure: We do not represent the Department of Homeland Security or any legal entity. All content on this site is strictly for informational purposes meant to help you make an informed decision regarding you, or your loved ones immigration to the U.S. Be sure to consult an attorney in immigration for any legal advice.*
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