Critical issues on immigration
| The New Mexican
Posted: Saturday, July 30, 2011
- 7/29/11
     
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What are the pros and cons of immigrant driver's licenses?

Gov. Susana Martinez says licensing drivers who are in America illegally is wrong. Illegal immigrants are illegal. Backers of a ban contend a driver's license is a civil privilege, granted to eligible residents of a legally and politically defined community. They also fear New Mexico has become a magnet for foreign nationals and perhaps for criminals.

Supporters of issuing permits say licenses enable the state to know who is on its roads, invite persons to participate openly in road safety and increase the likelihood that drivers will be insured. That side also argues that a ban in effect is an immigrant roundup because most workers need to drive, and doing so without a license means any traffic violation or fender bender could lead to deportation.

Path to citizenship or amnesty?

During the Reagan administration, Congress enacted a one-time amnesty and beefed up border security. Enforcement failed to stop the flow of unauthorized immigrants. Today, the argument against amnesty or some variation says such a deal would reward lawbreakers and would encourage further unauthorized immigration. Some, then, stress guarding the border.

Instead, immigration reformers such as President Barack Obama and Gov. Martinez have moved toward a pathway to citizenship that accelerates the process with the conditions that unauthorized immigrants get right with the law, have clean records, learn English and pay back taxes. That approach claims to balance justice and common sense and find a practical middle ground between the unsatisfactory status quo and deportation of 10 million to 12 million undocumented residents.

What's wrong with "show me your papers" laws like the high-profile Arizona law?

Federal immigration policy specifies a complex blend of civil and criminal penalties, but Congress has not made it a crime simply to be in the U.S. without authorization. Nothing within constitutional limits prevents police from investigating suspected criminal conduct. But local police often argue that immigration enforcement wastes resources and undermines public trust in police.

In other words, let the justice system deal with conduct and let the immigration system deal with residency status. Some state laws invite racial profiling of Latinos, Asian Americans and others presumed to be foreign-born, a practice that violates civil rights by stressing a person's appearance over behavior, which is discrimination. On education, federal guidelines warn that procedures requiring a show of papers would impinge on the constitutional rights of children to attend public school regardless of immigration status.

What's changed in this nation of immigrants?

A writer from the Center for Immigration Studies says immigrants have not changed, but the country has, and that mass immigration is almost perfectly designed to overwhelm modern America's welfare system — a system that did not exist for those passing through Ellis Island. The state provides aid to the poor, an expectation that did not exist during the late 19th century to mid-20th century.

What term applies — illegal, unauthorized or undocumented?


Federal immigration agencies commonly use "unauthorized immigration." The terms "undocumented immigration" and "illegal immigration" at times might be appropriate. Unauthorized immigration occurs when immigrants have no official documentation that would allow them to legally work or reside in the U.S., or when immigrants overstay their authorized presence in the country. Authorized immigration occurs when immigrants have applied for and received a form of official documentation — work visa, asylum or naturalization.

How do economic and immigration issues intersect?

The U.S. benefits economically from immigration when skilled immigrants contribute innovation and entrepreneurship, or when less-skilled immigrants consume, invest, pay taxes and fill needed jobs. But immigration also can strain U.S. public services and push wages down. The job competition that Americans talk about is between only the 5 percent of unskilled immigrants and the 5 percent of U.S. high school dropouts, a Harvard economist found. Therefore, the challenge for policymakers is to design policies that admit and even encourage needed immigrants but prevent unwanted immigration.

What happens to a person arrested by the Border Patrol?

Detained immigrants are afforded two legal rights: a voluntary return to their homelands or a removal hearing. The voluntary return allows the noncriminal to go home without being prosecuted. A removal hearing is a formal process by which an immigrant seeks relief through the courts. A detainee with a criminal record faces trial in federal court and possible deportation.

Do authorized immigrants have the same rights as citizens?

Authorized immigrants have many legal rights. They share in the Constitution's Bill of Rights and have the right to sue. The 14th Amendment forbids state governments from depriving any person of due process and equal protection of the law.

What is a green card?

The card, once printed on green paper, is an identification card showing that an immigrant holds the status of a lawful permanent resident. Based on an individual's application, U.S. law sets five areas of preferences for granting a card:

• Family-sponsored preferences for those related to U.S. citizens.

• Employment preferences for those who have needed job skills.

• Diversity immigration for those who come from countries with low rates of immigration.

• Refugees admitted into the country
• Those already granted political asylum.

Compiled by The New Mexican from the Center for Immigration Studies, Constitutional Rights Foundation, The New York Times, RightVoices.com, American Civil Liberties Union, Inter Press Service, U.S. Department of Homeland Security and Harvard University.






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