Emily McCathran

English 15

Final Paper: Immigration Bill

Hector St. Jean Crevecoeur, a French mapmaker who came to America in the 1750’s to fight the British, was so overcome with America’s patriotism and sense of freedom that he and his family moved to this struggling nation (A New). He praised this newly born democracy by writing, “Here individuals of all nations are melted into a new race of men, whose labors and posterity will one day cause great changes in the world." America is considered the melting pot of the world: Christians, Asians, Amish, Jews, Africans, Muslims, Europeans, Hispanics, and Native Americans all living side-by-side. The United States is known for the freedom it grants its inhabitants, hence why all sorts of people can dwell together in peace. It is currently one of the few countries without an official language, allowing the freedom of individuals to retain their original heritage and culture. Hence, the birth of American culture occurred due to the collaboration of all of the cultures of the world. America would not be America without immigrants. However, President George W. Bush has proposed an Immigration Bill that will more strictly regulate the immigrant population in the United States. Its main purpose is to reduce the large number of illegal immigrants in the borders of the U.S., but it is also regulating the number of legal immigrants granted access. While some rules are necessary, this bill proposes overly harsh punishments and superfluous precautions, neither of which is proven successful, and thus need to be removed from this proposed legislature.

The new bill, if passed, will replace the current legislature, which in Bush’s opinion is still too lax. The current law states that crossing the border without proper documentation is a misdeamor, which is usually punished with immediate deportation (Illegal). This “catch and release” program is fast and inexpensive: it requres no incarceration or trial. It is an immediate resolution for the presence of illegal inhabitants. It does not, however, solve the problem in the long run. Many try to regain illegal access after their deportation. Thus, repeated illegal crossings are treated as felonys. This punishmant can include jail time, refusal to re-enter the U.S., and the denial of gaining any future legal status. In order to gain and maintain their United States presence, many immigrants create fake Social Security Numbers and other forms of counterfeit identification. This, along with working illegally and not paying the state and federal taxes, is a federal offense.

Despite these regulations and punishments, the U.S. Government still felt the need to increase the immigration process; the Immigration Reform and Control Act of 1986 stated hiring an illegal immigrant is an offense. Since President Bush took office in 2000, the Border Patrol force has been increased by almost 30% and funding by 66%. And the government has seen significant results. Over 6 million illegal immigrants, 400, 000 with previous criminal records, were caught and denied entrance to the U.S. Over the past year, the Arizona Border Control Initiative saw a 50% increase of caught criminals (United). The average time to catch an illegal immigrant decreased from 66 days to just 21. Bush, however, is still not pleased with these results and thus proposed a new immigration bill to Congress.

The proposed bill will create harsher punishments for illegal imigrants caught with in U.S. borders. A first offense of an “unlawful presence” will be considered a felony (House). Document fraud, such as creating a false Social Security Number, will be considered an aggravated felony. Any individual who assists an illegal immigrant, either willingly or with “reckless disregard,” will be punished with criminal penalties and up to five years imprisonment. This could include church personnel who give food and shelter to such individuals. The bill also suggests building 700 miles of fencing between the border of the U.S. and Mexico to make it even more dangerous and difficult to cross the border. This bill also limits the rights granted to individuals who take the time and effort to receive legal documentation. Any immigrant on a temporary visa who commits any type of minor offense, such as a petty theft, will be denied any form of permanent legal status. Also, immigrants from countries who refuse to accept them back if deported due to criminal activity will not be granted any form of access. These nations include China, Vietnam, and Cuba. The new bill will also give more power to the young Department of Homeland Security. This department would have the right to indefinitely detain “dangerous aliens,” despite the current law against such imprisonments. No individual can be held for an indefinite period of time. The new immigration bill will reverse this Supreme Court decision to allow any immigrant who may pose a threat to the U.S. to be detained for an undisclosed amount of time.

The new bill, which is trying to create a more regulated immigration process, is excessively harsh. Being an illegal alien will be treated in the same fashion as arson, burglary, aggravated assault, murder, and rape (Felony). These current felonies pose an immediate threat to the common public. Having an “unlawful presence” or committing document fraud is not endangering the rest of the population. While some experts claim it damages the American economy, no American individual’s well being is at stake. Many of these “criminals” are people trying to escape the horrors that plague their native country. They seek refuge in a land where everyone is granted their own rights and freedoms. These people either do not have the knowledge or the time to complete the entire process; crossing the border illegally is the fastest and easiest way to avoid the terrors of a poverty-stricken and war driven nation. A first time offense of an “unlawful presence” should not be treated as a felony. This classification, as well as the punishment, is excessively harsh for the crime being committed.

The price of assisting illegal immigrants, both intentionally and accidentally, is also extremely cruel. While some punishment should be installed upon those who knowingly help, criminal charges are a very harsh path to take. Penalizing individuals who follow their morals and help those in desperate need, despite the legality of the situation, should not be treated so roughly: especially the people of the church. The church helps all individuals who seek refuge through its doors, and should not be forced to turn away the needy. When a starving family shows up on the alter asking for help, the priest should not be forced to interrogate the family and turn them away if they are indeed not legal immigrants. The Christian religions advocate the helping of others, despite the differences and complications. The government should not have the right to control who the church assists. This law will force churches to become employees of the U.S. Government, seeking and punishing illegal immigrants, thus breaching the separation of church and state.

The bill’s proposal to build a 700-foot fence is ridiculous. Building a physical barrier between nations is a sign of hostility. The Berlin Wall was built by Nazi Germany to restrict passage through its sect. It is an unnecessary and overdramatic step to solve the problem of illegal immigration. While it may help to control the flux of illegal immigrants, many will not be stopped. Some are so determined not even a physical barrier can stop their drive. Maria Ortega, an immigrant who came over illegally, knows the drive in those who attempt to enter the U.S. She told reporters, "The people aren't going to stop coming; there will be more deaths" (Gorman). If an individual decides to climb the wall to avoid detection and then gets injured or killed, the problem only becomes more complicated. The individual would need to be treated in a medical facility before being arrested and tried by the court system as the new bill proposes all illegal immigrants must.

Another negative aspect of the new bill is the ability granted by the government to permanently revoke one’s legal status due to a minor offense. Such an offense, like a petty theft, does not pose any immediate danger or threat to society. While some punishment should be installed, a refusal of re-entry or citizenship is too harsh. For an American born citizen, the punishment for a minor offense is only a fine at the most. Having the punishments be so vastly different based on birthplace is discrimination and thus unconstitutional, as is restricting immigration based on nationality. It defies American’s renowned values of equality and freedom. All peoples should be given equal opportunity. While allowing entrance of these individuals may pose a problem if they do commit crimes, the U.S. should not punish the individual for the government’s actions. A just punishment for these individual can be created. Holding someone in prison indefinitely, however, is not a just punishment. In fact, it is currently illegal. The dangers posed by potentially “dangerous aliens” are not enough to reverse the Supreme Court ruling in this matter. It would give the government too much power and nothing to keep it in check. The United States Government is in a fair system of checks and balances; the new bill will grant too much power to the executive branch, which is the beginning of the end of a democracy.

At times it is very necessary to put harsh punishments for certain wrongdoings. Our society would be a chaotic anarchy without a set of laws to ensure the safety of all. However, the new immigration bill, despite its harsh regulations, has not been proven effective. While it may discourage some individuals from gaining illegal access to the United States, many of these individuals are in such desperate situations being charged with a felony is insignificant. Many would choose to have a fair trial and be found guilty than live in a poverty stricken, war driven, corrupt nation. Their quest for freedom is stronger than their fear of incarceration and trial charges. Candido Hernandez trekked through the Mexican mountains, crossed the border illegally, gained legal status in the U.S., and now is employed to support his family (Gorman). Carmen Vazquez was a cleaning lady after she came over as a illegal immigrant, left her child in El Salvador, and after becoming legal brought her daughter to join her here. Maria Ortega paid a coyote, a trail guide, to take her along with her three children through the mountains to the border.

While a fence may not stop the trafficking of illegal immigrants, authorities can. Increasing the personnel at the border might decrease the illegal population, as well as a computerized database to easily detect expired visas. While both of these are in the process of being carried through, their full effectiveness has not been observed (Gorman). Before the discovery of the success or failure of this method, the government would already have spent millions of dollars on illegal immigrants. The amount of money required to keep someone in jail and to go through a court proceeding is substantial. To detain and try every illegal immigrant would fill the jails and courts so individuals actually committing harmful and dangerous crimes cannot go through the same process to a fair trial. The current “catch and release” policy does require some funds, but the incarceration and trial would substantially increase that cost. Spending large sums of money into a program which contains numerous flaws and is being protested by millions everyday is not a smart idea for anyone to pursue, particularly the United States Government.

It is evident illegal immigration is a problem. While many come seeking refuge and pose no threat to the American public, others enter the country and become involved in criminal activities such as terrorism, smuggling of both drugs and humans, and gang violence (United). Nearly 2,300 gang members arrested were illegal immigrants, including members of the nation-wide violent gang MS-13. Even when not participating in illegal activities, illegal immigrants do cause a slight disorientation for the U.S. Government. They do have the documentation of illegal immigrants; thus creating difficulties with providing enough public goods and services. The job market is one subject that concerns many Americans. They feel these illegal immigrants will be employed over legal immigrants and American citizens because illegal immigrants cannot complain to the government. Being over worked, under paid, and forced to work in unfair conditions are situations illegal immigrants cannot report; doing so would expose them as illegal immigrants. Thus, employers are getting the same labor with less cost, which gives them more profits. This gives the advantage of employment to the illegal immigrants rather than the legal inhabitants who are also in desperate need of employment.

Despite the arguments saying illegal immigration is hurting our economy and is a threat to the American people, the U.S. economy is based on the work of illegal immigrants. Last year, Mexican President Vicente Fox said, "Migrant workers in the U.S. are doing jobs that not even blacks want to do" (Page). The American preoccupation with continuing education leaves the jobs at the base of our economy vacant and unwanted, and thus into the hands of the willing. Over 11 million illegal immigrants are currently employed in the United States (Brownstein). Firing all of these individuals will bring a much larger blow to the U.S. economy than continuing to employ them. Since American employers can receive labor at very lost costs, their product price can be reduced significantly. The consumer price is reduced, leaving the common public satisfied and empty of complaints. Without this system, the consumer price would raise to significant figures, creating a cry of outrage from the already content American public. Thus, the economy of the United States rests on the shoulders of cheap, illegal labor.

The newly proposed immigration bill currently in the Congress for a vote is unjust and defies the ideals upon which America was founded. The bill is asking previous laws to be reversed, ethnic profiling to be enforced, the U.S. to be one step closer to a police state, and severe punishments to be placed upon individuals who are far from criminals. This new bill is a superfluously cruel collection of laws and needs to be revoked in the United States Senate as soon as possible. The American Government needs to listen to the voices of the people. In Milwaukee, 30,000 protestors marched in the downtown streets in a day they entitled, “A Day without Latinos” (Hispanics). They encouraged all immigrants to take off a day of work to show the government how much it depends on the backs of illegal immigrants. 4,000 students total marched through California, Nevada, Texas, Virginia, and Arizona (Students). They walked out of classes to join in a nation-wide protest of this extremely unfair proposed legislation. And in Los Angeles, over 500,000 thousand protestors blocked the streets of the city, sending the first major to Congress of the unfavorable nature of this new bill (Sivaraman). In a democracy, the government follows the will of the people. The United States Government needs to open its eyes to realize the amount of time and money wasted on an exceedingly harsh bill that is rejected by hundreds of thousands of Americans, both illegal and legal.

Citations

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Brownstein, Ronald. "Enforce Immigration Law, or Change It? Answer May Be Both."

Online posting. 11 July 2005. National Immigration Forum. 29 Apr. 2006

<http://www.immigrationforum.org>.

"Felony." __Wikipedia The Free Encyclopedia__. 29 Apr. 2006 <http://wikipedia.org/>.

Gorman, Anna, Michelle Keller, and Kelly-Anne Suarez. "Many Stories, a Single

Theme." __The L.A. Times __.26 Mar. 2006. 29 Apr. 2006 <http://www.latimes.com>.

"Hispanics march in Milwaukee against immigration bills." __CNN__. 23 Mar. 2006. 29

Apr. 2006 <http://www.cnn.com>.

"House Bill." Immigration Reform Now . 25 Apr. 2006. Rebulican National Hispanic

Assembly. 29 Apr. 2006 <http://www.immigrationreformnow.org/

immigrationreformnow/Bills.htm>.

"Illegal Immigration." __Wikipedia The Free Encyclopedia__. 29 Apr. 2006

<http://wikipedia.org/>.

Page, Clarence. "Essay: Job Nobody Wants." __Online News Hour__. 27 July 2005. PBS. 29 Apr. 2006 <http://www.pbs.org/>.

Sivaraman, Aarthi. "L.A. mayor picks NFL talks over immigrant boycott." __The

Washington Post__. 29 Apr. 2006. 29 Apr. 2006 <http://washingtonpost.com>.

"Students Across the Nation Protest Immigration Bills." __The Washington Post __. 1 Apr. 2006. 29 Apr. 2006 <http://www.washingtonpost.com>.

United States. White House. __Comprehensive Immigration Reform__. 24 Apr. 2006. 29 Apr. 2006 <http://www.whitehouse.gov/infocus/immigration/>.