Example research essay topic: Immigration And Naturalization Service Illegal Aliens - 1,747 words

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Giving Amnesty to Illegal Immigrants Thesis: This paper will argue that amnesty should not be given to illegal immigrants because it economically hurts American budget, might provoke labor market crisis and raise crime level. The emergent features of illegal immigration make immigration policy inherently complex. It obviously is not simply a matter of a resident group keeping outsiders out or outsiders wanting in. Institutionalized responses and the experience of outsiders vary enormously. Let us consider, for instance, U. S.

policy in the twentieth century: On the anti-immigrant side, it included establishment of an Asiatic Barred Zone early in the century (1917) and retroactive deportation for petty crimes, elimination of essential services for legal immigrants, and de naturalization authority for the Immigration and Naturalization Service at century's end (1996) (Williams and Schuck, 1996, 21). In between on the pro-immigrant side were the War Brides Act of 1945, abolishment of the Asiatic Barred Zone (1952), the Refugee Relief Act of 1953, and a 1986 amnesty (Solar, 1991). In dividing up the world's population into insiders and outsiders, the United States is remarkably inclusive, at least relative to other polities. This inclusiveness takes a number of different forms.

First, the United States has adopted a very liberal legal immigration policy, admitting approximately 800, 000 aliens each year (the precise number fluctuates considerably) for permanent residence. (The number of legal immigrants actually admitted was 915, 000 in 1996, 720, 000 in 1995, 804, 000 in 1994, and 904, 000 in 1993. ) (Jacobson, 1996) This annual influx probably exceeds the legal admissions totals of the rest of the world combined. Moreover, the United States has increased its legal admissions during the 1990 s, a period during which other countries have been restricting it. When Congress overhauled US immigration laws in 1996, it resisted intense political pressures to reduce the number of legal admissions. Hence the post- 1990 growth in the legal immigration system remains in place. Secondly, the United States in the late 1980 s and early 1990 s extended legal permanent resident status to nearly 2. 7 million illegal aliens through a massive amnesty, a program to legalize their dependants, and more conventional immigration remedies. Thirdly, a combination of expansive jus sanguine and jus soli rules extends citizenship very broadly to essentially all individuals who are born on US soil, regardless of their parents' legal status, all children born abroad to two American parents, and many children born abroad to one American parent.

Fourthly, US naturalization requirements are relatively easy -- indeed, some say, too easy -- to satisfy. From 1990 to 1995 the United States naturalized between 240, 000 and 446, 000 aliens a year; approximately 1. 3 million naturalization petitions were filed in 1996, the largest in history. Propelled by welfare law changes that restrict many benefits to citizens, further increases in petitions -- up to an estimated 1. 8 million in 1997. (The Immigration and Naturalization Service (INS) rejected 200, 000 petitions in 1996; 965, 000 petitions were pending in March 1997. ) (US CIS website) Fifthly, dual (and even triple) citizenship is increasingly common, and the State Department no longer opposes it in principle. Finally, more than 1 million aliens enter the United States illegally each year; some 250, 000 to 300, 000 of these remain in illegal status more or less permanently, producing an illegal population now estimated at over 5 million (US Immigration facts). Simply by virtue of their presence in the United States, they can claim extensive procedural rights, and in some cases substantive entitlements as well, under the Constitution, statutes, and administrative rules, although the 1996 amendments to the immigration statute severely limited some of these rights, especially for those who entered the United States illegally. Even excusable aliens stopped at the border, who possess only the most elementary constitutional rights (e.

g. access to the courts; freedom from physical abuse), can claim many statutory rights under US law. Since 1965 immigration to the United States has been transformed in virtually every vital aspect (Schuck, 1995, p. 105). The legal immigration streams have swelled both in absolute terms and as a percentage of the overall population. Even more important than the size of these streams, the 'look and feel' of American society has changed dramatically with the changing mix of the newcomers' national origins, races, and languages. All of this has occurred in a relatively short period of time, generating cultural, economic, and social anxieties among many Americans (US Immigration facts).

However, it is illegal migration that is primarily driving the political dimension of this debate. The volume of illegal migration has grown fairly steadily during the last three decades except for the period immediately following the enactment of the employer sanctions provisions of the Immigration Reform and Control Act of 1986, when the number declined. This decline, however, proved to be brief; by 1990 the number had already returned approximately to its pre- 1986 level; the permanent illegal population now exceeds 5 million. Even the extraordinary growth in the resources devoted to border control during the last five years, especially when compared to the retrenchment in other federal programmes, shows no clear sign of stemming this influx (as opposed to re channelling it). The continuing ineffectiveness of border control is a source of enormous frustration to Americans and their politicians, especially in the relatively small number of communities with high concentrations of illegals. At the same time, Americans have become both more dependent on illegal workers and more aware of this dependence, which for many employers, consumers, and communities can approach an addiction.

This can produce hypocrisy of comical dimensions. California Governor Pete Wilson, for example, sought to build a political movement by denouncing illegal aliens, only to be caught employing them in his household and then failing to pay their social security benefits. Because many Americans feel beleaguered and victimized by illegal immigration, it is profoundly affecting their political identity. These feelings are intensifying as the large cohort of former illegal aliens who received amnesty in the late 1980 s begin to become US citizens in large numbers, many impelled by a desire to assure their access to welfare state benefits.

Moreover, the families of these amnestied illegals are now exerting strong pressures on the legal immigration system, competing with the more compelling claims of legal immigrants' relatives who wish to join their families in the United States. Congress is also considering whether to eliminate automatic birthright (jus soli) citizenship for the US-born children of illegal alien parents. None of these proposals, however, is likely to be enacted. In 1997 Congress may take up the question of whether the naturalization law should be changed in light of concerns that many immigrants are naturalizing fraudulently, for the wrong motives, or too easily. As the number of illegal aliens grows, their position in the American polity becomes increasingly anomalous.

Americans admire the tenacity, hard work, and resourcefulness of illegal aliens (at least the majority who do not commit crimes in the United States) but at the same time deeply resent their furtive success in penetrating US territory, working in US jobs, earning (and exporting) dollars, and securing legal status - even the ultimate prize, citizenship - for themselves and their families. As the voting for California's Proposition 187 demonstrated, many legal resident aliens and recently naturalized citizens are also strongly opposed to illegal migration (Schuck, 1995, p. 85 - 92). The fact that the United States has long countenanced illegal migrants, derived tax revenues and other economic benefits from them, and built important sectors of her economy around their continued flow arouses cognitive dissonance, but it does not really alter the resentment. Although the number of illegals residing in the United States now is probably higher than the number whose plight prompted the 1986 legalization, Congress might propose a new amnesty in the foreseeable future. For most Americans, an illegal alien amnesty has a meaning of a massive tax increase. Politicians, however, are very creative when it comes to pointing out the special interests USA has in giving amnesty for many or all of the estimated 9 - 11 million illegal aliens living in the country.

Currently, Congress is considering a number of legislative proposals that are masked amnesty programs. One would grant legalization to people who came to the U. S. illegally before they were 16 year old, and anyone else who can qualify as a student. In addition to legalization, these students would also become eligible for subsidized in-state tuition rates at public universities and colleges.

The number of people who qualify for this amnesty is unlimited (Amnesty Handout). Others, who are not students, might be turned from illegal aliens into guest workers, who might eventually be able to turn into permanent residents. Guest workers would be entitled to bring their families to the United States to stay here with them. There are no numerical limits for this program as well. Another program focuses on agricultural workers, allowing anyone who worked as little as 100 days in agriculture to apply for legal status in the U. S.

In addition, it would allow American agricultural businesses bring in guest workers every year (Amnesty Handout). All of the above programs, if implemented, will change term "amnesty" to "earned legalization. " Opponents might argue, however, that this earned legalization will mean that those who violated immigration laws, but did not have other problems with American law, are not forgiven. However, it is probably less important which term these programs are given they still are amnesty proposals (Amnesty Handout). Many people argue that besides rewarding millions of people who broke the law and placing immigrants who obeyed the law at a disadvantage, individually or collectively, these amnesty proposals would encourage more illegal immigration (Johnson, 2002).

It is probably is true that amnesties encourage potential immigrants to come to the U. S. because they hope that eventually they will also receive amnesty and be legalized in the United States. Moreover, statistics now proves that many people who received amnesty in 1986 frequently obtained their legalization because there were so many applications that the system simply could not process all of them with due consideration. All of that makes many people believe that America does not need amnesty. What is needed, in their opinion, is a combination of laws against the illegal immigrants and their employers (Amnesty Handout).

Another problem the American society has with amnestying illegal aliens is that they might take jobs of American...

Research essay sample on Immigration And Naturalization Service Illegal Aliens