Immigration Reform

While updating our immigration system has been a slow process, over the last decade, there have been efforts to pass comprehensive immigration reform legislation and the DREAM Act. Other reform efforts include executive actions such as Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). Learn more about the ways America can upgrade its immigration system.

Senate Floor Debate Must Maintain Spirit of Compromise

Washington D.C. – Today, the long-awaited opportunity to reform the country’s dysfunctional immigration system moves one step closer to reality as the full Senate begins consideration of S. 744, the Border Security, Economic Opportunity and Immigration Modernization Act. The Senate Judiciary Committee set a high standard for civility and transparency during its markup of the bill last month, and we urge the full Senate to continue in this vein.

Bringing Fairness to the Immigration Justice System

Washington D.C. - Thursday, the Senate Judiciary Committee continues mark-up of S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Act. The Committee will complete work on Title Four and then begin to take up amendments related to Title Three, which addresses interior enforcement programs like E-Verify, as well as immigration court reforms and detention practices. We are encouraged to see the Senate take on the structure and quality of justice accorded immigrants who are caught in the enforcement net.

Senate Legislative Process Must Maintain Spirit of Compromise

Washington D.C. - Today, the Senate Judiciary Committee begins “mark-up” of S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Act. In an unprecedented move by Senate Judiciary Committee Chairman Patrick Leahy and Ranking Member Charles Grassley, all amendments have been made publicly available in order to make the process more transparent and inclusive. Although nearly 300 amendments have been filed, the Committee will only take up a limited number over the course of the mark-up.

Overhauling Immigration Law: A Brief History and Basic Principles of Reform

For more than a decade, efforts to systematically overhaul the United States immigration system have been overshadowed by other events—from foreign wars and national security concerns to the financial crisis that threatened to bring down the world economy. In addition to this ever-changing list of national crises, years of partisan political fighting and the resurgence of a volatile restrictionist movement that thrives on angry rhetoric have made opportunities for advancing genuine reform few and far between. As a result, many in both parties opted for a political strategy that emphasized immigration enforcement over immigration reform, holding to the argument that efficiently deporting non-citizens would reduce illegal immigration and pave the way for more sensible outcomes in the future. Instead, the unprecedented spending on immigration enforcement, the extraordinary rise in deportations, the passage of state anti-immigrant laws, and the almost daily anecdotes of separated families and discrimination finally took their toll. Voters signaled in the 2012 federal elections that they were tired of enforcement-only immigration policies and the senseless pain they caused. Now more than ever, the opportunity to craft immigration laws that reflect American values and needs is a distinct possibility. The White House, Members of Congress, and countless organizations have issued new ideas and principles for making the system work. These proposals vary and will likely change even more as proposals translate into legislation, but there are a number of common themes that exist. This paper lays out an overview of the underlying legal system, the most basic principles of reform, the reasons behind them, and how they are likely to be reflected in coming legislation.

The Dividends of Citizenship: Why Legalization Must Lead to Citizenship

The most concrete proposals for immigration reform thus far in 2013 include earned legalization with a path to U.S. citizenship for unauthorized immigrants already living in the United States. This is a process that essentially permits unauthorized immigrants to come forward and receive a provisional legal status that—after paying taxes, proving they understand English and civics, passing all criminal and other background checks, and showing they are committed to the United States—allows them to become lawful permanent residents (LPRs). From there, like other LPRs before them, they will have to decide whether or not to make the final commitment to their adopted country by becoming American citizens. Some critics of the new proposals argue that citizenship is too good for unauthorized immigrants, or that legal status is really all they need to thrive in this country. But that kind of short-sighted thinking ignores some very important facts: more than half a century ago the U.S. finally abandoned the idea that there should be a second-class status for any group by denying them citizenship and, in fact, today the vast majority of Americans support a path to citizenship. The integration of the 11 million unauthorized immigrants now living in the United States into full citizenship is not only good for those individuals, but the country as a whole. Citizenship, and the quest for citizenship, facilitates integration in myriad ways that legal status alone does not. From the learning of English and U.S. civics to the earning of higher incomes, serving jury duty, and voting in elections, citizens and would-be citizens benefit from a deeper form of incorporation into U.S. society than do legal immigrants who have no hope of ever applying for naturalization.

Back to the Future: The Impact of Legalization Then and Now

While there are many facets to an intelligent immigration reform package, one thing is clear: legalization for undocumented immigrants helps all of us. Most economists recognize that legalization has worked in the past. After a significant percentage of the undocumented population legalized under the Immigration Reform and Control Act of 1986 (IRCA), information on IRCA applicants was used to assess the legislation’s impact. My own research has shown that IRCA provided immediate direct benefits by successfully turning formerly clandestine workers into higher-paid employees. Other researchers have shown that IRCA provided unexpected indirect benefits to the communities where legalized immigrants resided. After legalization, fewer of these immigrants sent money back to their home countries, and those who sent back money sent back less. More of their earnings were spent in their communities in the United States. Research also showed that the legalized population became participating community members—nearly two out of five people who legalized under IRCA were U.S. citizens by 2001. What we learned from IRCA gives us a bird’s eye view into what we can expect to happen with a new legalization program. By examining three areas of concern: work, family, and community, we can see what economic and social benefits would be derived from a legalization program in 2013. By Sherrie A. Kossoudji, Ph.D.