TODD BOULDIN
Director, The Pepperdine Voyage, and Asst. Visiting of Social Science
As immigrants have increased as a percentage of the population of the United States, and moved into regions away from the U.S. borders, Americans have become concerned about the pervasiveness of illegal immigration. The issue has been front and center in the presidential campaign of 2008. This is particularly true in the Republican race where polls show that Republican primary voters believe that immigration is the second most important issue they consider when voting for a candidate, just behind the economy and just ahead of the war in Iraq.
1. What makes an immigrant “illegal?”
Since its very founding, America has been a country of immigrants. Immigrants from all over the world have fled persecution and economic hardship to create a better life for themselves and their family here. Illegal immigrants often come for the same reasons, but they are illegal because they cross United States borders or enter our shores by avoiding U.S. Citizenship and Immigration Services (USCIS) regulations concerning the conditions for entry into the United States and the qualifications for obtaining temporary permission (a passport or visa) or for becoming a citizen by law (naturalization).
2. What is the legal status of an illegal immigrant?
The Supreme Court has held that immigrants within the territory of the United States are owed basic legal protections such as due process and a fair trial. Illegal immigrants may not be refused by hospital emergency rooms, and their children often attend public schools. In many cases, these immigrants may also drive on public highways.
However, the rights of illegal immigrants are limited: they cannot vote in national elections and cannot decide to live here permanently without permission. Because of the 1996 immigration reform legislation, and the reaction to the terrorism caused by immigrants on 9/11, immigration regulations have tightened, making legal entry for non-citizens even more difficult. Illegal immigrants may be deported immediately to their country of origin without a court hearing at all.
3. Why are Republicans and Democrats addressing the issue of immigration?
As illegal immigrants have flooded into America’s rural areas and towns far from the country’s borders, a greater majority of the citizenry has become concerned and even angry about the impact of illegal immigrants on the American economy, national security and, in the eyes of some, the “American way of life.”
President Bush, the former governor of a border state, proposed a reform package in his first and second terms that would increase border security, build a fence along the United States border with Mexico, and grant legal status to certain illegal immigrants already in the country (a form of “amnesty”). Bush also favored a temporary guest worker program by which immigrants could apply to work in the United States temporarily in industries that need their labor, with the possibility of becoming a permanent resident over time.
The conservatives in the Republican Party in Congress opposed the Bush plan and prevented it from becoming law in both of the Bush terms. This public debate led to the current concern with immigration in the 2008 race, particularly among Republican voters.
4. What have the Republicans proposed as a solution to illegal immigration?
The Republican candidates for president have proposed that the first priority should be on securing the nation’s borders before offering temporary worker assistance or amnesty to illegal immigrants already within our borders. McCain has proposed a doubling of the size of the U.S. Border Patrol and a border fence, a crackdown on employers who hire illegal immigrants and a “guest worker” program that offers temporary visas. Romney advocates for a border fence, opposes amnesty for undocumented workers, and wants to institute an employment verification system. Republicans generally oppose amnesty programs.
5. What have the Democrats proposed as a solution to illegal immigration?
The Democrats support a path to legalization for illegal immigrants already in the country that includes learning English and paying a fine for illegal entry. Senator Clinton and Senator Obama have proposed toughened penalties against employers who hire illegal immigrants. Both have voted for a fence along the Mexico border. Senator Clinton also has supported a measure to allow undocumented illegal immigrants to gain a U.S. government identification or drivers license.
01-31-2008
