Immigration Issues in the USA - Essay Example

? Immigration Issues in the USA Gerson Lj Russum PHI1600: Introduction to Ethics May 9, Introduction The immigration debate is complex with few,if any, ‘right’ answers of how to both be pragmatic regarding the costs associated with illegal immigrants and compassionate with regards to the human element involved. The issue lies squarely within the responsibility of the Federal government because individual states and local communities do not have the capability on their own. Numerous polls indicate that a majority of Americans, including Mexican-Americans, want the government to prevent the tidal wave of illegal aliens cascading over the border. A nation without borders is not a nation and this country has been losing control of the borders for many decades, losing prosperity, security and autonomy along with them. The massive numbers of illegal aliens pouring across mainly the southern border has and continues to cause substantial economic, social and physical harms to legal citizens. These harms occur predominantly to those who are among the most vulnerable segments of the population: minorities, children and the poor. Harms to the poor, minorities and children are indeed occurring but mainly to illegal aliens. An argument can be made if they should be afforded similar rights and protections as legal citizens but not if they deserve human rights considerations. Many at all level of government and in state and federal legislatures have continually attempted to deny access to housing, schools, medical treatment and social programs to non-citizens. Some argue that U.S. laws apply to all within its borders, legally or not such as the Fifth Amendment right to due process of law. The laws certainly apply to all when they are broken. The federal government, to no one’s surprise, has been no help. For example, the former Bush and present Obama administrations have long supported some form of amnesty which has enraged those that are opposed to illegal aliens living, working or going to school in the U.S. On the other hand, the both administrations also endorses the PATRIOT Act which denies constitutionally guaranteed rights to all people and further punishes immigrants in the effort to win the ‘war on terror.’ The ‘right’ answer escapes the government and many others as well because of the issue’s many complexities. Genesis of the Issue The fundamental reason for the flood of immigration from Latin America, specifically Mexico, is the disintegration of the Mexican economy predominantly resulting from free-trade strategies employed by the North American Free Trade Agreement and the International Monetary Fund (IMF). The rampant corruption within the Mexican government has also contributed significantly to the collapse of the Mexican economy. Due to IMF policies regarding Mexico, its economic output dropped 33 percent in the past two decades. During this period, its foreign debt rose 359 percent because of widespread looting of the national coffers. These factors caused the “collapse of all areas of productive economic activity and employment, is the primary driver of the flood of emigrants desperate to leave Mexico, to find some livelihood for themselves and their families in the United States” 1 Amnesty, an Unpopular Concept Reward for Crime Throughout the history of America, people of differing ideologies have generally agreed on immigration controls. Public opinion polls have continually shown an overwhelming opposition to illegal immigration as well as for the concept of amnesty. The majority of Americans believe amnesty for illegal aliens is merely a reward for law-breaking and by whatever name, causes ever escalating future illegal immigration. “No system depending on a strict regard for the rule of law can treat law-breaking so casually” 2 Those who favor amnesty for illegal aliens, specifically those crossing the southern border do not seem to realize that a crime has been committed and not, as they might have you believe, one without a victim. Simply enforcing the laws presently on the books and deporting illegal aliens is an economic necessity that would also result in decreased crime rates. Worsening an Already Bad Situation Those opposed to any type of ‘path to citizenship for the illegal aliens presently in the country argue that the added cost to the federal government will be more than $15 billion per year when the present illegal aliens become citizens and begin collecting welfare benefits. This large group of individuals can substantiate their opinion with facts. Traditionally, immigrants to the U.S. were less likely than those born in America to collect welfare. This historic arrangement has radically changed over the past three decades. Today, immigrant families are at least 50 percent more likely to receive federal benefits than those born in this country. Additionally, immigrants are more likely to adapt their lives to rely on the welfare system and studies have shown the longer immi­grants stay in the U.S., the more likely they are to be on welfare. To further aggravate the situation, when an illegal immigrant becomes a citizen, he can legally bring his parents who also have the right to become citi­zens. The estimated long-term cost of overall federal benefits could exceed $50 billion per year for the parents of the 10 million beneficiaries of amnesty. “In the long run, the bill, if enacted, would be the largest expansion of the welfare state in 35 years.” 3 Approximately half of current illegal immigrants do not possess a high-school level education. Welfare use among this group and for low-skill immigrants granted amnesty is three times the rate for the U.S. born citizens. Over the past two decades, about 10 million people who do not possess a high-school diploma have entered the country and predictably end up on welfare. The Great Cost of Immigration and Amnesty The federal government already manages the redistribution of a substantial proportion of its citizen’s income. In 2004, for example, more than $500 billion was transferred to the low income segment of the population from taxes levied from the top 25 percent. Legalized mass immigration will cause an imbalance in the proportion of uneducated people as an increasingly higher percentage of the population will earn lower wages and pay little, if any, federal taxes. “The overall costs such individuals will add to government programs throughout their lifetime (including welfare, social security, Medicare, education for children, transportation, and law enforcement) will greatly exceed taxes paid.” 4 Immigration to this country should provide a benefit, not be a burden to society. Human Rights Trumps Baseless Fears …And Justice for All? The heated rhetoric of the immigration debate has caused many to become fearful that their standard of life will dramatically decrease if the estimated 12 million illegal immigrants are permitted to stay in the country, so much so that there is a growing movement to disallow citizen status to the children of illegal immigrants born in the U.S. The 14th Amendment addresses this issue. “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” 5 These words seemingly close the debate regarding the legal status of those born in the U.S. but the Amendment only reinforces the argument of those opposed to automatic citizenship. They argue that the Amendment does not guarantee citizenship to those born in the U.S. to illegal aliens, it has only been wrongly interpreted to imply this and only in the last few decades. Quoting Senator Jacob Howard who spoke on the meaning of the Amendment in 1866, “Every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons.” 6 When is a Patriot not a Patriot? The PATRIOT Act, as many citizens and legal experts alike have argued, violates the fundamental rights of both citizens and non-citizens guaranteed by the U.S. Constitution’s first ten amendments, the Bill of Rights.  This includes the freedom of speech and assembly (First Amendment); the freedom from unreasonable search and seizure (Fourth Amendment); the right to due process of law (Fifth Amendment); the right to a speedy, public and fair trial along with the right to counsel and to confront the accuser (Sixth Amendment), the freedom from cruel and unusual punishment (Eighth Amendment) and freedom from punishment without conviction (13th Amendment). The Act, in its final version, allows for an individual to be detained for an indefinite time for violating a slight technicality of an immigration law. If the suspect for whatever reason cannot be immediately deported because, for example, they are legally in the country but had an insignificant flaw in their documentation, that individual can literally be lawfully detained for life. Some had been kept confined to solitary confinement though they had not been formerly charged with a crime. Illegal immigrants also can be detained without benefit of counsel. This treatment is a clear violation of the Fifth Amendment right to due process of law. Though these detainees and immigrants were not U.S. citizens and not entitled to such constitutional protections, many wonder how the country will be perceived by those it hopes to convert to American style democracy if it doesn’t apply its own rules to all persons. 7 Following the Money We Want to Keep All our Money Illegal immigrants receive more from public monies than they contribute which lowers the standard of living for legal citizens. Illegal immigrants contribute greatly to the overall population growth and health care, education and employment are the most impacted. Salaries are driven down by illegal immigrants willing to work for much less while their children, illegal and legal, overcrowd the schools. It’s the U.S. taxpayer who is sent the bill for their health care services as well. In addition, the large influx of illegal aliens burdens the already inadequate number of units classified as affordable housing and other welfare resources such as energy, water and land usage. Criminality Costs Illegal immigrants have already broken the law upon arrival into the country and a considerable number break more including selling drugs, theft, murder, rape, etc. while in the country. The cost to the federal court and prison system alone in 2002 attributed to illegal aliens was $1.6 billion. This does not include the costs to state judicial and penal institutions. It costs Arizona, for example, $80 million to jail illegal aliens yearly. According to a 2002 report by Heather MacDonald of the City Journal, “In Los Angeles, 95 percent of all outstanding warrants for homicide (which total 1,200 to 1,500) target illegal aliens. Up to two-thirds of all fugitive felony warrants (17,000) are for illegal aliens.” 8 News reports have documented many examples of illegal immigrants who were detained by local police but instead of being deported, were allowed to go free to then commit heinous crimes. One such instance is the 2002 New York gang rape by five illegal aliens of a mother of two. These men had been arrested on several occasions but were never turned over to the immigration agency and deported. The most infamous example was the Washington, D.C. area sniper Lee Malvo. The Jamaican-born man was apprehended by local law enforcement near Washington and was identified as an illegal alien prior to these tragic incidents. He should have been deported at that time but was instead released by federal authorities, let free to kill innocent Americans at random. “Three of the September 11, 2001, hijackers, including ringleader Mohammed Atta, had been stopped and ticketed for significant traffic violations, such as driving without a license and speeding at 90 mph.” 9 Why are illegal aliens allowed and now seemingly encouraged to take advantage of U.S. generosity? There are hundreds of thousands of illegal aliens who are currently under deportation orders of whom tens of thousands have been involved in criminal activity while in the country. The recent increased implementation of law enforcement measures which are exclusively aimed at minorities and immigrants has occurred not only in the U.S. but in European nations as well. A study that conducted research in both the U.S. and Europe showed that interactions between police agencies and interactions with immigrants are becoming increasingly tense as evidenced by a proliferation of physical and verbal abuse, a growing mutual distrust and an escalating threat of violence. In the U.S., “Discrimination against minorities occurs indirectly as a result of poor legal representation, language problems, high incidences of specific offenses (such as drug-related and immigration violations) and low level of employment status.” 10 As compared to constituents of the socially dominant faction, ethnic minorities are much more liable to be detained, questioned, and searched by law enforcement officials. Once they have been arrested, minority members are also more likely to suffer police brutality and are more likely to be held in jail while waiting for their trial date instead of having an opportunity to post bond. When tried for a crime, they face a higher probability to be found guilty and are less apt to serve their sentences outside of prison such as serving community service. In addition, they are “more likely to be sentenced to longer prison terms, less likely to be granted parole, and when convicted of capital offenses, they are more likely to be executed, especially for capital offenses against dominants.” 11 With the growing sentiment opposing immigration by non-white individuals and families, the discriminatory practices are unlikely to subside any time soon. Dollar Costs It has been estimated that the added cost to the federal government will be more than $15 billion per year when the present illegal aliens become citizens and begin collecting welfare benefits. The proposed bill will add greatly to this number because it will encourage a new surge of low skilled workers through its guest worker program. Traditionally, immigrants to the U.S. were less likely than those born in America to collect welfare. This historic arrangement has radically changed over the past three decades. Today, immigrant families are at least 50 percent more likely to receive federal benefits than those born in this country. Additionally, immigrants are more likely to adapt their lives to rely on the welfare system and studies have shown the longer immi­grants stay in the U.S., the more likely they are to be on welfare. To further aggravate the situation, when an illegal immigrant becomes a citizen, he can legally bring his parents who also have the right to become citi­zens. The estimated long-term cost of overall federal benefits could exceed $50 billion per year for the parents of the 10 million beneficiaries of amnesty. “In the long run, the bill, if enacted, would be the largest expansion of the welfare state in 35 years.” 12 Approximately half of current illegal immigrants do not possess a high-school level education. Welfare use among this group and for low-skill immigrants granted amnesty is three times the rate for the U.S. born citizens. Over the past two decades, about 10 million people who do not possess a high-school diploma have entered the country and predictably end up on welfare. Illegal aliens drain social services paid for by legal citizens, $2.5 billion from Medicaid, $2 billion from food aid programs and $2 billion in hospital care from the federal coffers in 2002 alone. States along the southern border pay out hundreds of millions of dollars every year providing social services for illegal aliens. The children of illegal aliens do not have to prove citizenship to attend public schools which has resulted in overcrowding – a tremendous sapping of resources. It takes more time to teach children that only speak Spanish which thus costs more money. California spends a staggering $8 billion every year just in educating the children of illegal aliens. 13 Conclusion One of the most important issues of the White House and Congress should be securing the borders, but homeland security is all but non-existent. This is a complex problem that is not being solved by the congressmen, who continuously fail to act in the country’s best interests. By allowing the continued and unabated free-flow of illegal immigrants, this country too before long will assume third world status. Methods to stem this flow such as building a border fence, deporting all illegal aliens, cracking down on employers and implementing a federal identification system might appear severe to some but are necessary steps in safeguarding America for Americans. The U.S. could consider adopting similar immigration regulations as in the U.K. where a person cannot immigrate without first securing employment. Non-residents cannot apply for state benefits of any type. Legislators should consider the net effect on society and encourage the immigration of high-skilled and well educated people who will contribute to the economic health of the nation rather than low or no-skilled workers who are a heavy economic and social burden. The debate seems to go the way of the American example. It only makes sense that if immigrants, much as their forbearers, which include most of current Americans ancestors, work hard and assimilate into American society, they should be not only allowed but encouraged to stay. It’s an American tradition that made this country what is today, the greatest economic power the world has ever known. Immigrants built the country but are now an unwanted commodity. The federal government offers a type of amnesty to those already here but it and other governmental entities enacts laws that hamper the ‘path to citizenship and restrict freedoms that are clearly outlined in the Constitution. It has been suggested that the U.S. could consider adopting similar immigration regulations as in the U.K. where a person cannot immigrate without first securing employment. Everybody wins, many jobs are awaiting immigrants who need them as have been evidenced by the number of those illegal aliens now working in the U.S. The U.S. economy also wins because of the higher tax base created by the new citizens the immigrants. Outline: Introduction Genesis of the Issue Amnesty, an Unpopular Concept Reward for Crime Worsening an Already Bad Situation The Great Cost of Immigration and Amnesty Human Rights Trumps Baseless Fears …And Justice for All? When is a Patriot not a Patriot? Following the Money We Want to Keep All our Money Criminality Costs Dollar Costs Conclusion References “Amnesty for Illegal Aliens.” The Washington Times. January 22, 2004. Accessed May 8, 2011, http://www.washtimes.com/op-ed/20040121-090531-2669r.htm Erler, Edward J. “Amnesty for Illegal Aliens.” The Washington Times. January 22, 2004. Accessed May 8, 2011, http://www.washtimes.com/op-ed/20040121-090531-2669r.htm “Illegal Immigrants Helpful or Harmful to America?” About Conservative Politics U.S. 2007. Accessed May 8, 2011, http://usconservatives.about.com/od/theeconomy/a/illegalaliens.htm “Immigration Reform.” Washington Post editorial board November 12, 2005. Accessed May 8, 2011, http://immref.com/spin/14th-amendment-citizenship/ Marshall, I. H. “Minorities, Migrants, and Crime: Diversity and Similarity across Europe and the United States” Thousand Oaks, CA: Sage. 1997. McDonald, W. F. “Crime and illegal immigration.” National Institute of Justice Journal. Vol. 232. 1997. pp. 2-10. Oskamp, Stuart “Reducing Prejudice and Discrimination” Publisher: Lawrence Erlbaum May 1, 2000. P. 55 Rector, Robert. “The Wrong Course: The Senate’s Proposed Amnesty Will Cost a Fortune.” National Review Online. May 25, 2006. Accessed May 8, 2011, http://article.nationalreview.com/?q=MzFhZDE2Y2NiYzQzY2NiY2MxMjIwY2I3OWFhNzgzNTQ= Schlafly, Phyllis. “No Argument Justifies Amnesty for Illegal Aliens.” Copley News Service. May 3, 2004. Accessed May 8, 2011, http://www.townhall.com/opinion/columns/phyllisschlafly/2004/05/03/11568.html Small, Dennis. “What’s Behind the ‘Hispanic Immigration Crisis?” EIR Economics. July 2005. Accessed May 8, 2011, http://larouchepub.com/eiw/public/2005/2005_20-29/2005-26/pdf/64-68_26_eco.pdf “United States Constitution Fourteenth Amendment.” Cornell Law School. Accessed May 8, 2011, http://www.law.cornell.edu/constitution/constitution.amendmentxiv.html Read More