Coming to America – Law, Policy, and Procedure

By Kamana Mathur
April 25, 2010

In recent days, Immigration has become a hot button issue. It evokes passionate and heated debate in arenas as diverse as our classrooms, coffee shops, and our neighborhoods. Why? Immigration impacts the fabric of our being – it impacts our jobs, security, and lifestyle.

The draconian immigration enforcement law enacted in Arizona on April 23rd smacks of a desperate attempt to appease the fears and concerns of those who believe that immigrants are taking away our jobs and responsible for spiraling crime. Undoubtedly, with its vast border with Mexico, Arizona has become an avenue of choice for Mexicans willing to forsake everything for the opportunity of a better life.

They come here for jobs and a better future for their children. Lack of jobs and economic opportunity in Mexico is indeed the driving cause of illegal immigration to the U.S. The vast majority work long hours for low wages with no benefits to keep prices low for Americans.

But it is inevitable that in a period of high unemployment and job scarcity, Americans want to stop immigration, legal or illegal. They assume things will be better if there are fewer immigrants. While economic studies on the impact of immigration demonstrate that immigration has enhanced rather than drained our economy because immigrants have started businesses, invested in our economy, paid taxes, and actually created jobs, the sentiment against illegal immigration is understandable. We are a nation of laws. Even the vast numbers of individuals waiting years on end to enter the country legally do not support “legalization” programs that would make their wait even longer.

Despite this, the Arizona law is not the way to go. It simply makes no economic sense for a state with a $3 billion deficit. The cost of enforcement, defending civil rights lawsuits, and lost revenue and jobs is likely to be several billion dollars.

Prince William County, Virginia failed to implement the police enforcement portion of a 2007 immigration ordinance after they found that the price tag would be $14 million over five years. Worse yet, catching and deporting illegal immigrants does not end it – they simply come back. An overwhelming number of illegal immigrants who have been deported reentered and were back at their jobs within weeks.

Catching and deporting illegal workers would result in lost revenue and jobs. A recent University of Arizona’s Udall Center for Studies in Public Policy study estimated that the total economic contribution of Arizona’s immigrant workers was $44 billion in 2004, which sustained roughly 400,000 full-time jobs. The Perryman Group has estimated that if all unauthorized immigrants were removed from Arizona, the state would lose $26.4 billion in economic activity, $11.7 billion in gross state product, and approximately 140,324 jobs. The cost of defending civil rights lawsuits should also be a concern.

The requirement that law enforcement officers question a person about his or her immigration status if there is “reasonable suspicion” that the person may be illegally in the country opens a hornet’s nest in terms of racial profiling and civil rights violations. Asked what criteria will be used to establish reasonable suspicion of someone’s legal status, Arizona Governor Jan Brewer said, “I don’t know. I do not know what an illegal immigrant looks like.” This begets the question: do we simply live with this? Can we do nothing?

We can and should pass Comprehensive Immigration Reform that provides an avenue for immigrants to legally work in the U.S. to build our economy, invest, and create jobs. Doing so will help keep jobs in America by making outsourcing less attractive.

At the same time, we must strengthen our borders and make employers accountable for hiring illegal immigrants. Illegal immigration is largely an economic issue – the undocumented come here to find jobs. Quite simply, if they can’t find jobs, they will not come.

By Kamana Mathur
MathurLaw LLC

On December 16, Rep. Gutierrez introduced a Comprehensive Immigration Reform (CIR) Bill, HR 4321, called the “Comprehensive Immigration Reform for America’s Security and Prosperity Act of 2009” (CIR ASAP).  The Bill aims to encourage legal immigration by making more visas available to U.S. educated  advanced-degree professionals or those possessing a critically needed skill.  It also treats spouses of permanent residents on par with spouses of U.S. Citizens, going a long way to eliminating the long separation that spouses and families of Green Card holders must often endure.  At the same time, the Bill seeks to deter illegal immigration by increasing penalties for employers who willfully flout immigration laws in their hiring process and also steps up border security.  The Bill also includes a path to legalization for those undocumented workers who have lived, worked, and paid taxes here, involving payment of fines and waiting six years before becoming eligible for permanent residency.

Passage of this Bill will not be easy.  Controversial provisions such as the path to legalization for undocumented workers were responsible for the failure of similar bills introduced in previous years.  The time is ripe to pass a common sense bill that will keep families together, discourage illegal immigration, and allow the hardworking and talented individuals that form the backbone of our nation to live and work here and contribute to America’s innovation, technical leadership, and financial security.  While there are valid arguments on both sides of the legalization issue, passing legislation that will prevent husbands and wives and parents and children from being separated for years on end is just common sense – it’s the American way.  I urge you to contact your Congressman and Senator and let them know that you support legislation that would unite families and encourage legal immigration.