What Is Right or Wrong With the Law against Illegal Immigration Today - Research Paper Example

What Is Right or Wrong With the Law against Illegal Immigration Today Introduction Illegal immigration has been described by some Americans as a crisis. It is crisis in the sense that, it impacts negatively on both key institutions of economy, education, security, prison, and even legal. For instance, statistics released in 2010 by the PAX Americana Institute on illegal immigration found that, the federal government spends $2.5 billion on illegal immigrants Medicaid; $1.9 billion on food assistance programs such as food stamps, WIC, and free school lunches; $1.6 billion on federal prison and court systems; and another $1.6 billion as aid to schools (PAX Americana Institute p.1). Further, statistics by the same institute indicate that almost 30 per cent of all Federal prison inmates are non-citizens and $2000 billion in every year as suppressed American wages caused by immigration (PAX Americana Institute p.1). The Center for American Process estimated the cost associated with deportation of illegal immigrants and showed that the total cost of mass deportation if it were to be undertaken would be between $206 and $230 billion or if broken down would amount to between $41 and $46 billion every year for about five year period (PAX Americana Institute p.1). Therefore, illegal immigration in USA is a grave issue that in most instances gets political platform and attention. The immigration law though implemented by all USA states, it has not been able to resolve the issue in the most satisfactory way, an event that has resulted in public and key policymakers to question the ‘functionability’ of the immigration law. Although it has played a critical role in regulating and instituting the necessary measures with regard to illegal immigration, the law has broadly not addressed key loopholes that have been realized in the law. Therefore, this research paper will be based on argument with regard to law against illegal immigration today, as well as whether the law is right or wrong. ‘Civilization and its Discontent’ This is a book associated by Sigmund Freud written in 1929. The book sometimes referred to as ‘The Uneasiness in Culture’ has become most and widely read book in academic fraternity (Rubel p.94). In the book, Sigmund provides description on the existence of tensions between civilization and an individual. The central issue in the tension or conflict originates from the fact that individuals in general harbor quest for instinctual freedom while civilization seems to contradict this quest when it demands for conformity and instinctual repression (Rubel p.94). Many of humans desires tend to inhibit desire to kill and the greedy crave for sexual pleasure which in instances are detrimental to the well-being of a human community (Rubel p.94). Civilization in essence tends to put barrier on humans desires by establishing laws that in extent ban killing, rape, and sexual immorality, at the same time those who engage in these acts are punished by the law especially when they act in disregard of the law (Rubel p.94). As a result of these actions resulting from civilization most individuals become discontent in their feelings. This theory by Sigmund is based on the fact that desires by most individuals are inclined towards expressing violent aggression towards authoritative figures, also towards sexual competitors (Rubel p.94). The central argument in Sigmund book is that the purpose and meaning of life rests on the programme of the pleasure principle and humans use various mechanisms to adapt and secure happiness in the world they live in while at the same time reduce or limit suffering. The observation of the author is that civilization has been created by humans to protect them from unhappiness but the same civilization has turned to be the greatest source of unhappiness (Rubel p.94). Illegal immigration as a crime in USA Illegal immigration is well detailed under Title 8 Section 1325 of the USA Code. Under the Code, an illegal immigrant is one who assumes or subsumes any of the following definition: “enters or attempts to enter USA at any time or place other than as designated by immigration officer; eludes examination or inspection by immigration officer; or attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact” (American Patrol Reference Archive para.1). When any individual contravenes these guidelines, he or she is eligible for punishment, which in general is executed in form of criminal fines and jail term of up to six months (American Patrol Reference Archive para.2). Further, re-committing the offence carries a jail term of up to two years (American Patrol Reference Archive para.2). Since the era of slaves entering the USA land, immigration into the country has been an issue of contention. Evidence shows that every year millions of immigrants cross border points to enter the ‘Land of Dreams’ with intentions and visions to benefit from publicly-funded services, to work or to obtain education. Others in some cases are pushed by hostile factors prevalent in their countries specifically contributed by politics (American Patrol Reference Archive para.3). Not only those who sneak into the country without proper legal immigration documents have become a problem to the American society; others who use legal documents in some instances when they enter the country usually engage in violation of terms they have been permitted in the country such as getting recruited into jobs not authorized or even overstaying beyond the authorized period to stay in the country (American Patrol Reference Archive para.4). Characteristics of Immigration Law Modern immigration law originates from the McCarran-Water Act also known as the Immigration and Nationality Act (INA) created in 1952 which in its initial stages was based on national quota system in granting immigration rights to foreigners (Weissinger para.6). In 1965 the Act was repealed and abolished the national quota system and immigration rights were given to individuals of all nationalities. In 1986 the Immigration Reform and Control Act (IRCA) was established which among its contents gave amnesty to immigrants who had been resided in America since 1982 a chance for permanent residence (Weissinger para.7). In 1990 there was the formation of Immigration Act of 1990 which aimed at deporting immigrants who had been convicted of felony. The deportation of illegal immigrants was further boosted by amendment to the Act with addition of Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). The Act essentially recommended and facilitated increase in number of border patrol agents and the interior enforcement agents. At the same time, this Act facilitated removal of immigrants with aggravated violation of immigration laws (Weissinger para.7). With numerous amendment to the immigration law, the court has continued to review them specifically during court rulings involving illegal immigrants and in many instances, the court has been seen to neutralize the intent of the law (Weissinger para.7). Deportation Tussle involving Obama’s Aunt Zeituni Onyango is half-sister to President Obama’s father hence qualifies as the president’s aunt. She moved to USA in 2002 after she successfully applied for political asylum at the height of violence in her native Kenyan country (CNN para.3). At that moment, she became a legal immigrant to USA and even received a Social Security card after one year (CNN para.3). In 2004, Zeituni unsuccessful requested for asylum an event that led her to appeal the rejection two times but in each case, she was unsuccessful and requirement was that she had to leave the country (CNN para.4). Apparent Zeituni never stepped out of USA and continued to live in the country illegally without any action being taken against her. Zeituni’s status of illegal immigration erupted again during the sunset days of 2008 presidential elections, but in 2009, Judge Leonard Shapiro made a ruling that allowed Zeituni to continue staying in the country (CNN para.2). The fascinating and intricate part of this saga is the fact that Zeituni is still leaving in USA even after immigration procedures were found to have been violated and as constitution requires she is an illegal immigrant who deserves deportation. Today she enjoys government benefits in terms of housing and medical despite being an ‘illegal’ immigrant in the country, services she has not paid for and which some deserving legal immigrant citizens are denied. William Ghee, a member of the anti-illegal immigration political group demanded that Zeituni be deported to her native country Kenya. According to Ghee Zeituni, “remains an illegal immigrant fugitive from justice and who has actually been an illegal immigrant living under a deportation order for four years” (Stern para.1). William further concludes that Zeituni case indicates how the federal immigration laws have become dysfunctional where his assertion is that, “Onyango’s story is another fascinating story of a decrepit immigration system” (Stern para.6). Immigration law: where are the loopholes? Media has been blamed for representing skewed views about the issue of immigrants. The media portray immigrants both legal and illegal as individuals whose actions of entering United States are justified by their desire to succeed (Weissinger para.3). According to Weissinger media, “often resists portraying the illegal alien as anything but the hard working border-crosser that simply wants to feed his family” (Weissinger para.3). Not only media is seen to be biased in representing the real and true image of immigrants another criticized and which the research establishes is much relaxed is the INS law on immigration. With regard to Zeituni Onyango case, many illegal immigrants gather on daily basis in popular locations and sprawl cities of the nation under the watch of the law. Immigration law under Section 1357 has the full powers without questioning to interrogate any immigrant or individual perceived to be immigrant and to ascertain the individual’s right to be or to remain in USA but in reality the INS has totally ignored this responsibility and illegal immigrants continue to increase and fill every part and region of USA (Weissinger para.3). Further, the INS, under its current refined and repackaged Bureau of Immigration and Customs Enforcement (BICE), generally aims at getting down on employers who recruit illegal immigrants since these employers have been perceived to motivate illegal immigration. However, going by the current statistics, where 8 million illegal immigrants currently reside in the country, the immigration in great measure does not appear to be working (Weissinger para.3). The failure of the immigration law is evidenced in the fact that, it has greatly emphasized border control and ignored the need for internal or interior enforcement of the law (Weissinger para.3). The problem of internal enforcement of immigration law is further disabled by actions of both political and religious leaders where each group acts with vested interest. For instance, politicians are less likely to touch the issue since they know they benefit from the votes of the immigrants (Weissinger para.3). INS in enforcing immigration laws act in two ways: border enforcement and investigation unit also known as interior enforcement, but for the policy enforcers, tendencies seem to be inclined towards border enforcement at the expensive of interior enforcement. Critics of immigration law express the view that the immigration law is largely silent on interior enforcement, which at the same time is not well-defined (Weissinger para.5). Many people and organizations have faulted the INS capacity for failing to deport illegal immigrants especially those seen to have criminal records and mostly cited reason is the insufficiency of immigration law with regard to interior enforcement. When Zeituni fails leaves in USA for four more years after state ordering for her deportation, then the problem is seen to lie with INS in executing interior enforcement. Another notable case where INS has failed to execute interior enforcement laws involves that of Angel Maturino Resendez who the court found guilty of murdering nine people and in ruling the judge sentenced him to death. Before he was arrested the man had gone underground before he voluntarily presented himself top the police and after investigations it became clear that the criminal had been in custody with the knowledge of INS but was released. Therefore the most difficult questions people and the nation at large could not answer had to do with why INS had failed to deport the criminal the first time he was arrested and found to be an illegal immigrant? While much effort had been put on border patrol to prohibit entrance of illegal immigrants especially from Mexico, official statistics indicate that in fact Mexico is not the only country that see high rate of illegal immigrants influx to USA. Other notable countries with high illegal immigrants include: “El Salvador, Guatemala, Colombia, Honduras, China, Ecuador, Dominican Republic, Philippines, Brazil, Haiti, India, Peru, Korea and Canada” (Weissinger para.10). What these cases indicate is that illegal immigrants found their way to USA through other ways apart from USA-Mexico border and those means fall under the authority and control of interior enforcement (Weissinger para.10). As these figures would further postulate illegal immigration is both a border problem and interior enforcement problem, where interior enforcement is where the problem lies most. In its broad sense interior enforcement of immigration law among other things should involve investigations, deportation, and inspections but what statistics shows is that these aspects have been ignored, bypassed or assumed and instead much of resources allocated to implement immigration law has been channeled to Border Patrol (Weissinger para.11). Zeituni case, to majority of Americans, would not be an issue if the interior enforcement of immigration law was carried out accurately and speedily, but she continues to contravene the law because of the ignorance of interior immigration law enforcement. Although evidence might point to the fact that INS carries out investigation, deportation and inspection, the actual evidence on the ground shows that little is done to ensure output of the actions reflects the requirement of the law. The ‘disability’ of the immigration law has found solace in some quarters who have argued that the legal system especially the courts have contributed to this disability of the law. For instance in many cases involving the illegal immigrants the court has ruled and expressed that once in America illegal immigrants are entitled to human rights as enshrined in the Supreme constitution of the Country hence they possess constitutional rights (Anonymous para.1). In presiding over cases of illegal immigrants who are within the territories of America, the courts have always described them as ‘resident immigrant’ and constitutional protection has been extended to these kinds of immigrants (Anonymous para.4). Prominent Constitutional Clauses that have been cited in ruling illegal immigrants cases include, 14th Amendment rights that tends to protect all people without discriminating hence even illegal immigrants are protected by this la. This law is further boosted by the 5th and 6th Amendments which postulate that no person within jurisdiction of America is to be denied life, liberty or property without due process of law (Anonymous para.5); 1st Amendment supported by 14th Amendment dwell on the Equal Protection to all persons by the American law within the jurisdiction and territories of USA. Some prominent cases involving illegal immigrants, who received positive ruling, include that of Plyler vs. Doe in 1982 where the Supreme Court ruled that illegal immigrants’ children could be admitted to public schools. The other was US vs. Verdugo-Urquidez and INS vs. Lopez-Mendoza, the Supreme Court protected illegal immigrants inside USA from unreasonable search and seizure (Anonymous para.6). In the case of Barton County vs. Martinez, the judge’s ruling was categorical on the protection of illegal immigrants within USA territories when he asserted that, “although the federal declares an illegal entrance to USA as a crime and Congress criminalizes illegal entry into this country, it has not made the continued presence of an illegal immigrant in the USA a crime unless the illegal immigrant has previously been deported and has again entered this country illegally” (Unruh par.2). The above cited court rulings might justify anyone’s claim that immigration policy has been hammered by legal system but looked at keenly what these ruling indicates is that enforcers of immigration law needs to ‘wake up’ and realize that creation of an effective interior enforcement structures of the immigration law will have great impact at realizing positive changes towards illegal immigration issue. In return focus will not just be at Border Patrol but will shift internally to strength structures of investigation, deportation and inspection. To have an effective interior enforcement structure, Weissinger (Para.12) suggests incorporations of five key considerations to make sure interior enforcement of immigration law succeed. There should be no unbiased or forms of favoritism with regard to deportation of illegal immigrants where illegal immigrants need to be located and deported; destroying all points of smuggling; acting appropriately to community complains and concerns with regard to illegal immigration; carrying out thorough investigation concerning immigrants documents and appropriately identifying those involved in document fraud; and ensuring an effective structure is put in place to monitor illegal immigrants access to employers (Weissinger Para.13). Conclusion Illegal immigration is a problem that might not run away or be phased out very soon. It is part of American society and only through appropriate and effective address of the problem that genuine solution will be brokered. The case of Obama’s aunt flouting the immigration laws and enforcement agents remaining silent indicates how immigration law needs systematic re-structuring if it has to meet its objectives. Of particular urgency is the need to refine and improve interior enforcement of immigration law through refining investigations, deportation and inspection instruments. Nevertheless, my argument position is that immigration law in its current content and function performs below the requirement of the current immigration needs and as such it is largely inappropriate in today’s society and my biggest problem with the law is its loopholes in interior enforcement. Works Cited American Patrol Reference Archive. Illegal Immigration is a Crime. 2003. 01 December 2010. http://www.americanpatrol.com/REFERENCE/isacrime.html. Anonymous. Do Illegal Aliens have Constitutional Rights? N.d. 01 December 2010. http://www.sheriff-okaloosa.org/Immigration/Do%20Illegal%20Aliens%20Have%20Constitutional%20Rights.pdf. CNN. Judge rules Obama’s aunt can stay in U.S. 2010. 01 December 2010. http://news.blogs.cnn.com/2010/05/17/judge-rules-obamas-aunt-can-stay-in-u-s/. PAX Americana Institute. Illegal Immigration: Crisis on the Border. 2010. 01 December 2010. http://www.paxamerica.org/wp-content/uploads/2010/11/FACT-SHEET-Illegal-Immigration-Crisis-on-the-Border-Nov-2010-11.pdf. Rubel, David. The Bedside Baccalaureate: The Second Semester: A Handy Daily Cerebral Primer to Fill in the Gaps, Refresh Your Knowledge & Impress Yourself & Other Intellectuals. NY, Sterling Publishing Company, Inc. 2009. 01 December 2010. http://books.google.com/books?id=DGKX15BywtQC&pg=PA94&dq=civilization+and+discontent&hl=en&ei=dNT2TMvZDpDsOdmivK8I&sa=X&oi=book_result&ct=result&resnum=7&ved=0CEAQ6AEwBjgK#v=onepage&q=civilization%20and%20discontent&f=true. Stern, Ray. Obama’s Aunt, Zeituni Onyango, Must Be Deported, Says Anti-Illegal-Immigration Group; Aunt has April Court Hearing. Phoenix NewTimes. 2009. 01 December 2010. http://blogs.phoenixnewtimes.com/valleyfever/2009/02/obamas_aunt_must_be_deported_s.php Unruh, Bob. Court rules: Illegal aliens not really illegal. WorldNet Daily. 2007. 01 December 2010. http://www.wnd.com/?pageId=43154. Weissinger, George. The Illegal Alien Problem: Enforcing the Immigration Laws. New York Institute of Technology. 2003. 01 December 2010. http://www.immigration-usa.com/george_weissinger.html. Read More