Immigration: Laws or Gimmicks?

U.S. immigration laws have purposely been complicated, confusing, discriminatory, and a moneymaker for the U.S. government. In a capitalist system, what else can be expected? Basically, strong, healthy, young men and higher educated people from around the world were preferred to dark-skinned, poor people. Money and profits have been enabled by the processing fees, business for immigration attorneys, fingerprinting fees, bonds for releasing from detention centers, renewal fees for DACA ($495 every two years for 600,000 to 800,000 recipients), Green Cards, citizenship applications, and on and on. Migrants also share their earnings with relatives in their home countries.

USCIS (United States Citizenship and Immigration Services) is required to review its fee structure every two years; fees haven’t changed since 2016, and USCIS has determined that the current fees are not enough to support its services or make a dent in the application backlog. USCIS estimates that proposed fee increases will bring in an additional $1.9 billion per year to the government agency. The agency also offers fee waivers or an assortment of humanitarian programs. Doesn’t it sound more like a business?

The September 11, 2001 attack on the Twin Towers triggered a reorganization of the immigration department in 2003 in the name of terrorism. The U.S. Department of Homeland Security oversees the Customs and Border Patrol, Immigration and Citizenship Enforcement (ICE), Coast Guard, Federal Emergency Management Agency (FEMA), Secret Service and the Transportation Security Administration (TSA). The militarization of the U.S.-México border zone has expanded under the Bush, Obama, Trump and Biden administrations. Customs and Border Patrol/Immigration & Customs Enforcement (CBP/ICE) is under the Department of Homeland Security, whose Information Officer, Erick Hysen, commented that DHS had the “largest budget ever enacted” at $29.8 billion, which is $3 billion more than for 2022.

Immigration proposals have always involved the assurance of cheap labor. The Farmworker Modernization Act and the H2A program expansion are evidence of this. Not until recently has there been an emphasis on the border between the United States and México and the secure border obsession. The main characteristic of this obsession has been that immense profits have been made out of people’s needs for survival and a place to raise their families. Presently, asylum seekers from Central and South America and from many other countries are actually dying for a chance to live in the United States. The result of promoting this “invasion” crisis of people needing a safe place and also convincing people living in the United States that securing the border is for their own protection citing gangs and drugs at any opportunity. Asylum seekers are arriving in U.S. cities where local resources are overwhelmed, and there are more questions than answers.

The last time Congress passed immigration reform was in 1996. It was driven by Republicans and signed into law by President Bill Clinton, a Democrat. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) made major changes to the Immigration and Nationality Act (INA). IIRIRA’s changes became effective on April 1, 1997. That law eliminated several legal immigration pathways, essentially making fewer people eligible for legal status while making more people deportable. The first Development Relief and Education of Alien Minors Act (DREAM) was introduced in 2001. The Deferred Action for Childhood Arrivals act (DACA) was offered as a substitute by President Obama but is presently being challenged in the courts.

We are mostly witnessing the proposing of “gimmicks” to make us believe that it is the Republicans or Democrats who do not want border security or that there are insufficient votes to pass proposals. These proposals are all at various points of consideration and we need to keep watch on what bills legislators are supporting. The legislative session may end before any of them are enacted. In such a case, they can be re-introduced the following year. These are some of the most recent examples: 

The U.S. Citizenship Act of 2021 – 1/20/2021 -Fact Sheet, The Farmworker Modernization Act, The Dignity Act of 2023, The Citizenship for Essential Workers Act, American Dream and Promise Act of 2023 (H.R. 16, Sponsor Rep Sylvia R. Garcia (D-TX-29) introduced on June 15, 2023, and H.I.R.E. Act – H-2 Improvements to Relieve Employers – Rep. John S. Duarte (R-CA-13): “H-2A and H-2B LINK TO ALL OF THESE BILLS

A humanitarian solution to what we’re experiencing in 2023 shouldn’t be so difficult to solve. Politicians have their own agendas generally to control the undocumented population and to keep milking this sector for all the money and hard work that can be sucked out of them. Check the USCIS’ Proposed Fee Increase 2023. It’s ironic that undocumented people pay taxes which are used to subsidize the U.S. programs including their own deportation and detention and may not even know it.

The U.S. Citizenship Act of 2021 – 1/20/2021 -Fact Sheet: President Biden sends Immigration Bill to Congress as part of his commitment to modernize our immigration system. The Biden administration has dramatically increased the use of ICE’s alternatives to detention (ATD) programs, which track non-citizens through a smartphone app or ankle monitor while their immigration case proceeds. Under Biden, the program has been used for migrants paroled at the border. Biden also supports the secure borders scheme and restricting asylum seekers’ opportunities.

The Farmworker Modernization Act: A “bipartisan” effort to help undocumented farmworkers to gain legal status while remaining in the U.S. labor force. A contradiction has surfaced with the Farm Workforce Modernization Act (FWMA) introduced in October 2019. H.R. 5038 received 260 votes (including 34 Republicans) in favor in the House of Representatives and received 165 votes (161 Republicans, three Democrats, and one Independent) against the bill that was many years in the making. It would update regulations for temporary workers, and promise fair wages and farmworker housing. It has been re-introduced and is supported by the United Farmworkers of America (UFW).

The Dignity Act of 2023. The bill, dubbed “The Dignity Act of 2023,” was first introduced by Maria Elvira Salazar (R-FL-27) in 2022. The two-term House Republican, once endorsed by President Donald Trump, joined forces with an avowed progressive, Rep. Veronica Escobar (D-TX-16) to author a new, nearly 500-page version of the measure. May 23, 2023 The legislation passed 219-213, with all present Democrats and two Republicans. It grants additional pathways to citizenship, including through the new dignity program, certified agricultural worker status, or service through the armed forces; grants legal status to undocumented immigrants already living in the U.S. with the possibility of earning citizenship; establishes new pathways for asylum seekers and creates new regional processing centers; creates new legal pathways for economic migrants and unaccompanied minors.

The Citizenship for Essential Workers Act: The Citizenship for Essential Workers Act would provide undocumented essential workers with a fast, accessible, and secure path to citizenship, beginning with immediate adjustment of status to legal permanent resident. Approximately three out of four undocumented workers in the United States are working in jobs that were designated essential during the COVID-19 pandemic. It lists about 20 industry sectors of work that would provide about 5.2 million non-citizens working in those jobs during COVID-19 an opportunity to apply. 

American Dream and Promise Act of 2023 (H.R. 16, Sponsor Rep Sylvia R. Garcia (D-TX-29), introduced on June 15, 2023. The American Dream and Promise Act of 2023 would create a “conditional permanent resident” status, valid for up to 10 years, that would protect Dreamers – including DACA recipients – from deportation, persons who have Deferred Enforced Departure (DED) or Temporary Protected Status (TPS). Other conditions include passing a background check and being enrolled in or having completed certain educational programs.

H.I.R.E. Act – H-2 Improvements to Relieve Employers – Rep. John S. Duarte (R-CA-13), a co-sponsor of the bill, says: “H-2A and H-2B workers are the foundation of America’s food supply. Their hard work puts groceries on our tables, builds our infrastructure, and protects our national security.” He supports cutting the red tape and simplifying our temporary work visa programs.” In other words, bracero-type, guest worker programs to tackle the nationwide labor shortage! Duarte is a pistachio and nurseryman in the Central Valley of California.

El Tribuno del Pueblo brings you articles written by individuals or organizations, along with our own reporting. Bylined articles reflect the views of the authors. Unsigned articles reflect the views of the editorial board. Please credit the source when sharing: tribunodelpueblo.org. We’re all volunteers, no paid staff. Please donate at http://tribunodelpueblo.org to keep bringing you the voices of the movement because no human being is illegal.

 

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