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Puerto Vallarta News NetworkOpinions | Issues 

Pressure Points of US Immigration Reform
email this pageprint this pageemail usMark Alvarez - PVNN
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February 02, 2010


The law is always too short and too tight for growing humankind.
- Robert Penn Warren
In 2000, George W. Bush said, "Immigration is not a problem to be solved; it is the sign of a successful nation." Candidate Bush said he wanted to make policy friendlier to immigrants. That effort froze on Sept. 11, 2001.

In 2008, Barack Obama said that America had nothing to fear from today's immigrants: "Because we are all Americans. Todos somos Americanos. And in this country, we rise and fall together."

Congressional debate will begin soon. Three main questions are:

1. Who should be able to come here?
2. How should border and internal enforcement be designed?
3. What should be done with undocumented immigrants?

As reform is discussed, remember that immigration is not about them but about us. Here are six points of contention:

1. Family-based versus employment-based immigration. According to the Department of Homeland Security, 65 percent of new immigrants are family-based, 15 percent employment-based and 20 percent refugee, asylee or other. The system dates to 1965. Various interests will argue over the importance of family and economic considerations. Wise reform would adjust the mix of immigrants for the broader society.

2. Temporary workers versus permanent workers. Census Bureau figures indicate one in six workers is foreign-born. Projections suggest a growing need in the future. Visa quotas should move with economic strength and weakness. Should the combination of temporary and permanent workers also be dynamic? Business and labor will clash on this issue.

3. Skilled workers versus unskilled workers. Skilled workers supply greater immediate benefit and receive more support from the business and political establishment. Nevertheless, foreign-born workers at all skill levels contribute to the economy. The challenge is plain. Utah congressmen generally are flexible concerning skilled workers, yet former Rep. Chris Cannon lost his seat in 2008 largely for trying to help unskilled workers in agriculture.

4. Genuine employment verification versus the status quo. Undocumented immigrants generally come for jobs. Employment verification that deters unlawful conduct would be cheaper and more effective as immigration enforcement than border walls and entry-exit systems at ports of entry. Interests including businesses, immigrant advocates and civil rights organizations oppose ratcheted-up employment verification because of increased cost, systemic errors and privacy concerns. These are important concerns, but society needs a workable system that improves compliance with the law.

5. "Path to citizenship" versus "amnesty." Other terms for reform that would benefit undocumented immigrants include "regularization," "legalization" and "earned adjustment." The meaning is essentially the same, but labels matter. Public opinion surveys indicate support for a "path to citizenship" but mixed results for "amnesty." Substance should matter more.

6. Illegal immigration versus legal immigration. Why should an undocumented immigrant get papers when others cannot? This bedevils advocates of comprehensive immigration reform. Though most undocumented immigrants had no way to come or stay here legally (no line for them to get into), something still seems wrong.

Immigration changes will not be completely fair, but Congress and society should not shirk the challenge. Undocumented immigrants are not going anywhere. Reform will affect them but reflect upon us.

Mark Alvarez is a Salt Lake City attorney and a member of the the city Library Board. He co-hosts a Spanish-language radio show.



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