And then I found this:
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For my internship at the SLC Immigration Court and Immigration Law Class, I’ve spent the past four months intensely studying the federal Immigration and Naturalization Act (INA) that controls immigration issues into this country. I’ve become more aware than ever of the inherent contradictions in existing laws that have incentivized illegal immigration.
For example, say an illegal immigrant in Utah marries a U.S. citizen. The U.S. citizen can then petition for their spouse to get a visa to be here legally. However, the immigrant must go back to their home country to pick up the visa at their country’s U.S. counselor’s office. But under the current INA, if an illegal immigrant leaves the U.S., they automatically receive a 10 year bar preventing their return. So because people don’t really want to wait ten years to be with their loved ones again, they are forced to wait in the shadows until the INA changes.
Another example is the number of work visas that are available every year. The Department of Homeland Security released their Annual Flow Report a few weeks ago that said last year 144,034 work visas were issued, compared to 747,413 family sponsored visas. Of those work visas, only a few thousand were issued to low skill workers. But there is a demand for hundreds of thousands of low skill workers to work in farming, construction, cleaning, etc.
The policy idea behind this is we want American jobs to go to Americans. But the policy doesn’t consider whether Americans want those jobs. Thus is born the inequality between the demand for workers and numbers of visas available.
Thousands of illegal immigrants are now in our country, but contrary to popular belief, they are not generally criminals. The Immigration Policy Center in 2007 issued a statistical study finding that Immigrants have lower incarcerations rates than natives, even among those who are high-school dropouts. Immigrant groups generally have larger incarceration rates once their children become assimilated. Studies like this one suggest that fears of illegal immigrants maybe greatly exaggerated.
But while the danger of illegal immigrants may be exaggerated, many people view it as a serious problem that must be dealt before it gets any worse. In recent years, many states, including Utah, have passed discriminatory legislation to attack the scourge of illegal immigration.
The new Arizona state anti-immigration law, SB 1070, makes being an illegal immigrant a state crime. It requires police to stop those whom they have a “reasonable suspicion” of being here illegally, and requiring everyone to carry documents showing proof of legal residency. If they are not carrying documents to demonstrate their legal status, the police can arrest them. It also enables citizens to sue police officers for not effectively enforcing the law.
The law is unconstitutional for several reasons. First, it is a violation of the Supremacy Clause of the Constitution which basically states that when there are conflicting State and Federal laws, the Federal law is supreme. Because the federal INA already makes illegal immigration a federal offense, states cannot make it a state crime. Thus the state law is unconstitutional for its preemption of federal law.
The other major reason why the law is unconstitutional is because of its discriminatory intent and effect on Hispanics. The law, while facially neutral, is intended to target Hispanics. And this discriminatory effect is a violation of the 14th Amendment’s Equal Protection Clause.
In my Counterterrorism class we have learned about how the public will look to leaders in times of crisis to quickly address the problem. Elected officials have a responsibility to protect their people. However, if the leaders act quickly on instinct and don’t carefully think through the implications of their policies, their decisions can lead to violations of individual rights. Conversely, if the leaders don’t do anything to act, they will appear weak, and the people will look to leadership elsewhere.
Unfortunately, the Governor of Arizona wasn’t looking to the long term effects of her signing the law, but was instead focused on the short-term goal of only getting re-elected. Soon Arizonans, both legal and illegal, will begin to have their rights be violated.
I sincerely hope that Congress will have the courage to amend the INA in ways to fix our broken immigration system. I hope that our elected officials will make correct decisions, not just for short-term political gains, but for the long-term benefit of all Americans. And if the current leaders are incapable of effecting these changes, I hope that voters in November will elect new ones who will make responsible changes.
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I love Jimi Hendrix’s music. His creative approach to playing the guitar forever changed rock ‘n roll for the better.
A new Hendrix album came out a few weeks ago called Valleys of Neptune. Comprised of previously unreleased music, simply put, it’s awesome. I can’t stop listening to it!
Here’s a music video to accompany the new album:
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| Middle Eastern Dogs | ||||
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| United States Census 2010 | ||||
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