Stop Institutionalizing Discrimination Against Immigrants

In her article Immigration: Legal vs. Illegal: What to do with hundreds of thousands of people?, Valerie Hewitt raises a lot of questions. The solutions will only be revealed if we, as a nation, stop institutionalizing discrimination against immigrants and recognize that our system has failed our intentions. We have created the human rights crisis we now face.

And it is a crisis. No matter your perspective the task at hand is daunting. However, in debating any approach on how to deal with illegal immigration we must always ask ourselves is this action solving the problem? Is increasing our border patrol going to decrease illegal immigration or deter people from risking their lives to escape poverty and violence? The hundreds of Senegalese who lost their lives in the Atlantic searching for a better life in Europe died because of hope. As do the thousands of people who set our through the Arizona desert. Hope has a greater power than fear when options no longer exist.

In the immigration debate we also need to remember that not all immigrant intention is because of despair. American history lingers. The immigrant stories that have shaped this country once proved that people from all over the world could come to this country become productive citizens and shape the American landscape of dreams. It is a dream that is still being sold however we now offer something we can no longer deliver.

The complexity of the immigration system for immigrants with or without legal status makes it difficult to comply with the law and it no longer provides a path to citizenship. The immigration system in this country is so lengthy, complicated and expensive that we are creating criminals out of outstanding world citizens that would otherwise enhance our economy and our society.

The amendments and immigration reforms that have occurred haphazardly for the past twenty five years are in direct conflict with the concept that keeping families together builds a stronger nation. Many immigrants with legal status have become illegal unknowingly due to retroactive laws, particularly the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). This means that immigrants who, during decades of legal presence, have built businesses, families and community ties can be deported from their lives without due process and banned from the United States for anywhere from three years to life.

Although there is a provision for the deported person to return through a waiver if their absence causes hardship to a U.S. citizen or legal resident parent or spouse, there is no provision for hardship caused to children. The waivers are discretionary and extremely hard to attain. The past years have seen an increase in denials of these waivers resulting in divided families or united families who live in fear that the undocumented members will be deported at any time. In essence, the immigration reforms since 1990 are ripping families apart and leaving children to fend for themselves in a foreign land.

This is part of the immigration debate that rarely surfaces. The 2000 Census shows that the foreign-born population in the United States is 30 million. The ratio of legal immigrants to illegal immigrants is about 1:1. One of every five children under the age of 18 in the United States has at least one foreign-born parent. Evidence suggests that more recent immigrants, since 1990, will face economic hardship and pass this disadvantage on to their children. In any debate about how to reform immigration in this country the well-being of children should be first and foremost. Passing laws that divide families is only going to create more problems.

Many Americans think illegal immigrants are just the people who pick our crops. In some instances this might be true but look around because they are also the people who teach your children, manage your bank, defend your rights, cook your dinners, set your diamonds, heal your ailments or listen to your court case with an open mind. These are the immigrants in my life: teachers, artists, doctors, lawyers, judges.

Our indifference as a society to the rampant discrimination against immigrants is in conflict with the ideals of the American dream and what used to be the character of American society. My grandmother immigrated to the United States from Ireland, had seven children and ran two businesses. While working his way through college, my father picked tobacco in the fields of New England. He went on to become a manager at a large corporation. As a teenager, I spent my summers picking strawberries, now I run my own business and have a Masters degree. A willingness to work hard does not make someone less of a person.

No clean sweep actions are going to fix the United States immigration system. We have created a situation that will take time and money to remedy. Deporting thousands of illegal immigrants or shooting border crossers is not the answer and it is a waste of resources that are better spent on advocacy and actions that derive from a humanitarian perspective.