Showing posts with label enforcement. Show all posts
Showing posts with label enforcement. Show all posts

Thursday, February 4, 2010

The down payment's been paid, when will the goods to be delivered?

For years, all we've heard from those opposed to immigration and immigration reform is that until the government could prove that it was "serious" about border security and enforcement, no meaningful discussion of immigration reform was going to take place. The mantra of "we can't reform immigration laws until we control immigration, and we can't control immigration unless we control our borders" has been the guiding principle behind every obstructionist attempt to derail systematic reform. And attempts to appease restrictionists, by adopting "enforcement first" policies" have become the accepted framework from which all discussions were forced to start.

But most of those working for positive change have known all along that "enforcement first" is just a catch-22. It's an ever-moving target that was never intended to be reached. The ultimate goal of those opposed to reform has never been to "control" immigration...but rather to end it.

Yet despite these obvious facts, both the Bush and Obama administrations dived head first into the enforcement waters.

The last few years have been marked by hugely escalating enforcement budgets, increased apprehension, deportation and detention, increased use of local law enforcement, raids, and employer audits.

Programs like "Operation Streamline", "Secure Communities", "287G", "Operation Community Shield", and "Rapid REPEAT", (to name a few) have all been ramped up to locate, and remove the undocumented population. And while the human suffering caused by these and other programs has been immeasurable, no one can deny their effect on both illegal entry and presence.

So the question now becomes; At what point can we say enough is enough?

At what point will the forces that demand strict enforcement before any discussion of reform can begin, be content? Immigrant communities across this nation have paid the price, they've made their down payment on reform ...when do they finally see something in return?

A couple of new studies demonstrate just how effective and massive these programs and operations have become. Both examining just one aspect of enforcement ...federal prosecutions for immigration related crimes ... which have increased 459% in the last ten years.

The Transactional Records Access Clearinghouse (TRAC) and Warren Institute at the University of California at Berkeley recently released reports highlighting the dramatic increase in federal immigration prosecutions and the link to Operation Streamline, a DHS program which mandates federal criminal prosecution of all persons caught crossing the border unlawfully.

The Warren Institute report highlights the impact of Operation Streamline on immigration enforcement and the TRAC report shows that federal immigration prosecutions rose to record levels during fiscal year 2009 and how a shift in priorities has created the largest number of federal immigration prosecutions of non-violent border crossers ever.

The latest available data from the Justice Department show that during the first nine months of FY 2009 the government reported 67,994 new immigration prosecutions. If this activity continues at the same pace, the annual total of prosecutions will be 90,659 for this fiscal year. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this estimate is up 14.1 percent over the past fiscal year when the number of prosecutions totaled 79,431.





Number Year-to-date67,994
Percent Change from previous year14.1
Percent Change from 5 years ago139
Percent Change from 10 years ago459
Percent Change from 20 years ago973


The comparisons of the number of defendants charged with immigration-related offenses are based on case-by-case information obtained by TRAC under the Freedom of Information Act from the Executive Office for United States Attorneys

Compared to five years ago when there were 37,884, the estimate of FY 2009 prosecutions of this type is up 139 percent. Prosecutions over the past year are much higher than they were ten years ago. Overall, the data show that prosecutions of this type are up 459 percent from the level of 16,219 reported in 1999 and up 973 percent from the level of 8,448 reported in 1989.
TRAC



While the TRAK report looked at record increase in all federal immigration prosecutions, the Warren Institute looked at the effect of just one Operation along the US/ Mexico border: Operation Streamline.

The Department of Homeland Security(DHS) began implementing OperationStreamline along the U.S.-Mexico border in2005. The program has fundamentally transformed DHS’s border enforcement practices. Before Operation Streamline began, DHSBorder Patrol agents voluntarily returned first-time border crossers to their home countries or detained them and formally removed them from the United States through the civil immigration system. The U.S. Attorney’s Office reserved criminal prosecution for migrants with criminal records and for those who made repeated attempts to cross the border. Operation Streamline removed that prosecutorial discretion, requiring the criminal prosecution of all undocumented border crossers, regardless of their history.

Operation Streamline has generated unprecedented caseloads in eight of the eleven federal district courts along the border, straining the resources of judges, U.S. attorneys, defense attorneys, U.S. Marshals, and court personnel. The program’s voluminous prosecutions have forced many courts to cut procedural corners. Magistrate judges conduct en masse hearings, during which as many as 80 defendants plead guilty at a time, depriving migrants of due process. Indeed, in December 2009, the U.S. Court of Appeals for the Ninth Circuit held that Operation Streamline’s en masse plea hearings in Tucson, Arizona violate federal law.By focusing court and law enforcement resources on the prosecution of first-time entrants, Operation Streamline also diverts attention away from fighting drug smuggling, human trafficking, and other crimes that create border violence
Assembly-Line Justice: A Review of Operation Streamline


  • Immigration prosecutions make up 54 percent of all federal criminal prosecutions. The most prosecuted federal immigration crimes in FY 2009 were for immigrants caught entering the United States at an improper time or place, totaling approximately 40,000. Between 2002 and 2008, prosecutions for first time illegal entry in border district courts increased 330% from 12,411 to 53,697

  • Illegal reentry of a deported alien accounted for nearly 22,000 prosecutions in FY 2009.

  • In contrast, potential smuggling charges were brought less frequently. TRAC found 2,980 prosecutions for bringing in and harboring certain aliens, and 106 prosecutions for aiding and abetting an illegal entry.

  • 85% of the prosecutions originated with Customs and Border Protection (CBP). Immigration and Customs Enforcement (ICE) accounted for 13% of the prosecutions.

  • Before 2005, CBP voluntarily returned first time border crossers or formally removed them through the civil system. Federal prosecutions were used almost exclusively for individuals with previous criminal records or repeat crossers. Operation Streamline --instituted in Del Rio, Texas in 2005 and later expanded to other areas -- shifted this practice by eliminating prosecutorial discretion and requiring that all unlawful border crossers be prosecuted in federal criminal court and imprisoned if convicted, regardless of their immigration history.15 Those who are caught entering the U.S. illegally for the first time are prosecuted for misdemeanors punishable by up to 6 months in prison.

  • Most Operation Streamline defendants are migrants from Mexico or Central America who have no prior criminal convictions and who have attempted to cross the border in search of work or to reunite with family in the United States.

  • The link between Operation Streamline and federal prosecution rates can be seen in the judicial districts near these enforcement zones. The Southern District of Texas prosecutes the most immigration crimes, with 23,000 in FY 2009, up 22.1% from FY 2008.1819 The District of Arizona was second with 16,477, up 39.7% from FY 2008.


If we add the fact that President Obama's proposed budget for 2011 includes additional increases in spending along the border and for interior enforcement it becomes obvious that the enforcement juggernaut has far from reached it's end.

So we must now ask ourselves ... when in fact will the border ever be "secure" enough?

We have long heard about the failures of 1986 and how if only the laws were enforced, then we could start to look at reforming the dysfunctional and broken system that only feeds the growing prison-industrial complex.

Well, the laws have been enforced.

There's been a nearly 1000% increase in immigration prosecutions since 1990. In 2009 alone, the U.S. government had held over 440,000 people in immigration custody – more than triple the number of people in detention just ten years ago - and deported 387,000 immigrant workers, the highest recorded number in U.S. history.

So, how much longer are the "sins" of 1986 to hang over everyone's heads? Is there some secret magic number that needs to be reached? Is it a 2000% or 3000% increase in prosecutions? One Million in detention or deported?

How large a price must be paid by immigrant communities before there is a remedy? How many more mothers must be separated from their children? How many families torn apart? Communities terrorized? How many more lives destroyed and futures taken away?

When will the down payment paid in suffering and sorrow be acknowledge ... and the promise of reform finally be honored.?

I think it's fair to say ...NOW!!!!!!

Read More...

Friday, November 23, 2007

147

147 – just keep that number in the back of your mind for the time being – I'll get back to it's significance a little later on . … but for now, just file it away somewhere where we can find it when we need it.

For almost three years now, anti-immigrant forces have been ratcheting up their message of opposition to anything short of deportation and/or attrition for the approximately 12 mil unauthorized immigrants currently living and working in the US, coupled with increased militarization and "security" along the southern border as the only way to solve their self-defined "immigration crisis." Armed with talking points crafted by Republican right-wing spinmeisters like Frank Luntz and zero-population-growth advocacy groups like the Federation for American Immigration Reform and NumbersUSA, pundits, politicians and talking-heads have hit the airwaves with a constant barrage of misinformation and distortion.

By now we all know the drill.

They claim they don't oppose immigration …just "illegal" immigration. There's no need for sweeping comprehensive reforms …because we have perfectly good laws, it's just that the government refuses to enforce them. It's not about the immigrants themselves … but rather respect for the "rule of law." And those who wish to enter this country "legally" have a clear path to do, so it's only those wishing to skirt the law and "take advantage of our generosity" that are creating all the problems and need to be harshly dealt with … the mantras are repeated ad nauseam until ingrained into the collective American psyche.

But like all right-wing propaganda, this current fairy tale about immigration being the cause of all ills, and the need for a simple, quick fix, is based upon a foundation of lies and misdirection. It is only the newest in a long line of right-wing efforts to steer the American people in a direction that runs contrary to logic and their own best interests. From Colin Powell at the UN displaying cartoon pictures of mobile WMD labs, to Bush telling us why the "privatizing " Social Security is good for working Americans, or Reagan explaining how giving huge tax breaks to the wealthiest Americans would cause wealth to "trickle down" to those lower on the economic ladder, the history of right-wing lies, deception, and failure goes back more than twenty-five years. And the current hysteria over invading hordes of disease-ridden, uneducated criminals, streaming over the southern border to steal our jobs and destroy our American way of life is no more based in reality than Mr Powell's cartoons were.

But, I have neither the time nor inclination to attempt to debunk every ridiculous talking point, and to do so would require volumes that the average reader would soon tire of. But one talking point that can quickly and easily be put to rest is the one about the US having the most "generous Immigration policy in the world" providing a clear "legal" path for all "good immigrants" willing to take it. …this is simply a fallacy, a tall-tail like Washington and his cherry tree taught to impressionable children to instill pride and patriotism.

Essentially our current immigration is broken in two key aspects. The first being the laws themselves, the second being their enforcement and implementation.

A recent NYT article demonstrated the problems within the bureaucracy set up to administer immigration policy.

Immigration authorities are swamped in new bureaucratic backlogs resulting from an unanticipated flood last summer of applications for citizenship and for residence visas, officials said.

In July and August alone, the federal Citizenship and Immigration Services agency received 2.5 million applications, including petitions for naturalization as well as for the entire range of immigrant visas. That was more than double the total applications it received in the same two months in 2006, said a spokesman, Bill Wright.

In the 2007 fiscal year, which ended Sept. 30, the agency received 1.4 million petitions from legal immigrants to become United States citizens, about double the number of naturalization petitions in the 2006 fiscal year, Mr. Wright said.



Immigration officials said it could take more than a year to decide many of the recent applications.

The processing backlogs are different from the visa backlogs that have burdened the United States immigration system for years. Because of annual limits on all green cards, immigrants from some countries like Mexico and the Philippines often have to wait decades for visas to become available. Now the agency has fallen behind on the bureaucratic work of logging in applications and deciding whether to grant visas or allow immigrants to become United States citizens

NYT


But this inefficiency is not a new phenomenon and the problems go beyond the procedural to include infrastructure problems like computer systems unable to communicate with each other.

Aging, incompatible systems and outdated processes have contributed to a backlog of approximately 1 million people waiting for a decision from the department's Citizenship and Immigration Services bureau. Computer problems at its Immigration and Customs Enforcement bureau caused a snafu in which student visa holders were jailed overnight or barred from entering the United States.

-snip-

The U.S. Citizenship and Immigration Service’s systems have come in for particular criticism from outside analysts and government auditors, who say these are simply not up to the task of serving the public, especially when coupled with a continuing reliance on paper forms. In some cases, for instance, information typed into one computer must be manually retyped into a second or third.

"All filings are paper-based, which means that everything you submit has to be keyed into the computer, which of course opens up the additional possibility of error, slows the process down and prevents some processes from being automated," said Crystal Williams, deputy director for programs at the American Immigration Lawyers Association.

-snip-

One problem is that applications for different types of immigration status are saved in separate records. These aren't interlinked, which means an application for a H1-B visa is not tied to the same person's application for a green card--causing more paperwork and delays, until the two records can be matched by hand.

Link


But even if Congress were willing to expend the necessary funds to upgrade systems and supply the manpower needed to expedite the millions of applications already in the queue and awaiting processing, the major flaws in immigration policy would still exists.

Flaws codified into law that almost ensure that for the vast majority of would-be immigrants there is simply no legal path to take.

Here is where that number - 147 - comes into play, and why I asked that it be kept in the back of the mind.

I few weeks ago the annual Yearbook of immigration statistics from the Department of Homeland security came out listing every green card, work visa, tourist visa etc. issued for the past year. It's about as dry and boring a report as one could managed to muddle through …but it supplies invaluable insight into what is really going on with the dysfunctional immigration system.

In 2006 the government issued a little over 1.2 million green cards to new immigrants to live in the US legally. Additionally, 1.7 million more non-immigrant visas were issued to temporary workers and their family members to work in the US (1/2 million more than the number of green cards issued to new permanent residents, a troubling statistic unto itself).

So at face value it appears that there is amble opportunity for those wishing to enter the country permanently to do so legally. But as Mark Twain said there are three kinds of lies "lies, damn lies, and statistics" ..and in this case one must delve into the numbers to see what story they really tell.

Of the 1.2 million green cards issued last year, 581,106 of those went to wives, children and parents of current US citizens. And additional 222,225 went to various other family members of citizens and legal residents, for a total of 2/3 of all green cards going to someone who already had a US citizen or resident relative.

Additionally, out of the 1.2 million green cards issued, only 447,016 were "new arrivals", the vast majority … 819,248 were already living in the US legally with a temporary status of one sort or another and simply readjusted their status last year to permanent status. And while these two categories obviously overlap, simple analysis shows that the true number of new immigrants without US citizen relatives is in fact quote low.

The next largest category of immigrants after the "family based" status were those who entered as "employment based immigrants". 159,081 immigrants were awarded green cards last year to legally work in the US. ( 12.6% of all immigrants). The vast majority of them being immigrants with high skills, "specialty skills" "extraordinary skills" or "advanced degrees".

This is codified into the system.

The yearly cap on unskilled workers is placed at a 5000 maximum. This despite the fact that according to the Dept. of Labor, the US economy produces between 400,000 and 500,000 new low-skilled jobs a year and the vast majority of the nearly ½ mil unauthorized workers who enter the country each year find work in these unskilled sectors.

But as unrealistic as the 5000 cap appears, the situation is actually far worse.

Last year the total number of unskilled workers allowed into the US legally was roughly half the official cap: 2513. Out of nearly 3 million people allowed to enter the country either as temporary workers or stay as legal residents, only 2513 were unskilled workers.

But here comes that number I asked you to keep in the back of your mind ….remember it 147?…

Of the 2513 unskilled workers allotted green cards last year, 2366 were already here living and working in the US. They simply "readjusted" their status to permanent residents (most likely from some temporary worker status) …that leaves 147

147 new un-skilled workers without US citizen or legal resident family already here were allowed to enter the US last year legally and receive green cards.

147 out of 1,266,264.

147 …so tell me again how there is a legal path for all who are willing to work and wait patiently.

How long is one expected to wait… because if the ½ a million who enter each year through improper channels were to go home and wait patiently for their turn, it would take over 3000 years before they would get that chance when only 147 are allowed in each a year.

But the rhetoric will most likely continue, despite all factual evidence to the contrary. Lou Dobbs will nightly inform his minion that only the shiftless and slovenly disregard the law. O'Rielly will bluster away how he "respects and supports" those who "do it the right way" and Rush will whine that reform isn't fair to all those "waiting in line"…But disingenuous blowhards and misleading experts cannot change the truth, or hide the facts. The current immigration laws, and the systems in place to enforce them, are woefully inadequate and all the wall building, workplace raids, deporting and incarcerating will not change that fact…and until they are addressed rationally and reasonably the "immigration crisis" will never end.

Read More...

Saturday, September 29, 2007

A Tale of Two Suburbs

This past week we witnessed the responses of two local law enforcement agencies to increasing political pressure to rely upon them to enforce federal immigration policy:

In Irving Texas, a suburb in the Dallas/Fort Worth area, 2000 protester marched this week to highlight that city's participation in a Federal program that has caused deportations to increase 500% from that city in the last year alone.

In Nassau County NY, a suburb in Metro NYC, the county's highest ranking police official announced this week that his department would no longer assist federal authorities with the apprehension of undocumented immigrants.

Across the country, municipalities large and small are now being forced to examine exactly what their rights and responsibilities are when it comes to enforcing federal immigration policy.

In a heated political climate where incendiary speech and inflammatory rhetoric often pass for public discourse, too many local leaders have chosen to make political hay by claiming it is now their responsibility to take on the burden of enforcing Federal law.

Others have taken a much wiser approach.


Whether passing local zoning ordinances to limit housing in immigrant communities, or empowering local law enforcement to enforce laws beyond their constitutional jurisdiction, some municipal leaders around the country clearly appear to be using the "immigration issue" as a way to garner support within certain segments of their constituency or further their political ambitions.

Most of these local initiatives have been challenged in court, and many, after wasting precious taxpayer resources, have been struck down as unconstitutional.

In other municipalities, officials have taken a much more enlightened and practical approach to the Federal Government's unwillingness to repair its fatally flawed immigration policy, and decided to do what is not only best for their residents, but prescribed by the Constitution.

In Irving, the protests were sparked by that city's participation in a federal program that allows local law enforcement to screen the immigration status of all people arrested. With a Latino population that exceeds 30%, many see the huge increase in arrests that end up with deportation as evidence that the local police are targeting the Latino community. Evidence coming from the Mexican Consul in Dallas who interviews Mexicans being deported, seems to back up this assertion. With jurisdiction over a huge area from East Texas all the way to the Texas Panhandle, Consulate officials say that half of the deportation cases it reviewed in the last few weeks originated from Irving. They have advised all Mexican nationals to stay away from the area for fear of arrest.

Organizers of the demonstration called on people to boycott Irving businesses and flood the mayor's office with phone calls demanding an end to the Criminal Alien Program. Officials have denied accusations of racial profiling and said everyone arrested in the city is screened for a possible referral to immigration officials.

Irving police have been screening arrested people and have turned over 1,373 to Immigration and Customs Enforcement officials this year. Data from the city show that the number of prisoners turned over to ICE is increasing.

About four illegal immigrants a month were identified among people arrested in Irving before police began the Criminal Alien Program, according to police data.

About 50 a month were identified after police started the program in September 2006.

About 130 a month were being identified by April.

Up to 300 a month are being identified now, according to the mayor

Star-Telegram


Clearly the numbers look suspicious. A six-fold increase in the number of deportations since the program's inception would lead one to wonder whether police are searching out those who they suspect are here without documents, and then targeting them for arrest on even the most minor of charges.

Latino advocates accuse police officers of racial profiling and overzealously arresting suspected illegal immigrants so they can be deported, a claim the Mexican Consulate takes so seriously it's advising people to avoid driving through this Dallas suburb.

Police Chief Larry Boyd, however, says he's merely providing information to immigration agents as part of a national program designed to streamline the deportation of illegal immigrants who have been incarcerated.

"In terms of immigration enforcement, we're not doing anything on that," said Boyd, whose city joined the program last year. "The officers are arresting people for offenses like they always have."

Houston Chronicle


In Nassau, NY, the situation seems to be the polar opposite.

The Nassau County Police Department has a long history of working with Federal law enforcement agencies on various sorts of criminal maters. Yet, after assisting in a series of Immigration and Customs Enforcement (ICE) raids earlier in the week, that they were informed would target gang members, Nassau's top cop announced an end to all inter-agency cooperation when only three out of the 82 people apprehended turned out to be gang members.

A top police official on Long Island said Friday he has "no desire to cooperate any further" with federal immigration agents after his department was kept in the dark about many of the details of raids and arrests conducted earlier this week.

"We withdrew from any involvement in any further operations," Nassau County Police Commissioner Lawrence Mulvey said following the arrest of 82 people. "There will be no further cooperation unless these issues are ironed out."

Mulvey said agents from the federal Immigration and Customs Enforcement agency were repeatedly asked to supply a list of suspected gang members targeted with arrest warrants to the local police department, but the request was only granted on Thursday afternoon _ four days after the raids commenced.

"We had asked for a list of the targets on the warrants because we have a very accurate and up-to-date database on gangs in Nassau County," Mulvey said. "It was promised and not delivered."



Only three of those taken into custody, Mulvey said, were actually suspected gang members; most were undocumented immigrants. He said the ICE agents appeared to have outdated intelligence on where some of the suspects were located.



"They pick up and leave town and we're left to deal with the missing persons reports from families whose relatives were taken," Mulvey complained. "I have no desire to cooperate any further."

He said he has shared his complaints in a letter to ICE officials, but has yet to receive a response.

Mulvey also said if he had known that ICE had sought to arrest undocumented immigrants, the department would not have assisted. "This sets us back" with the Latino community, Mulvey said. "We suffer the consequences of the mistrust that develops."

Newsday


It’s obvious that the officials of these two suburban municipalities are separated by more than mere geography.

Chief Larry Boyd, with the apparent full support of the Irving City Council, has decided to utilize the power of the Federal government to engage in a systematic program that would rid his city of those that are deemed "undesirables."

Commissioner Lawrence Mulvey, on the other hand, has taken a defiant and courageous stance to do the right thing for his entire community, and not allow Federal authorities to use local law enforcement, and divide his community against itself.

Let the Federal government do their job and enact legislation that will finally fix an immigration system that all can clearly see is broken. Their lack of leadership on this issue only perpetuates situations ripe with abuse like that in Irving, or tries to force local officials to act in a matter that runs contrary to their community's own best interests.

Immigration policy needs to be set in Washington, as prescribed by the Constitution, not in the chambers of City Councils or County Legislatures.

Read More...

Thursday, March 15, 2007

New report from CRS casts doubts on immigration restrictionists claims.

One often wonders when listening to various politicians pontificate about immigration reform, exactly what information they are basing their policies and positions on. Given the conflicting information coming from both partisan and academic sources, it would appear a daunting task to get reliable, non-biased information about the issue. A recently released report from the Congressional Research Service provides a unique glimpse into what our legislators are reading about the issue. "Unauthorized Aliens in the United States: Estimates Since 1986", compiled by the legislative branch's own research agency, not only looks at the increase in unauthorized migration during the period between 1986 and 2004, but analyzes some of the reasons for it.

Additionally, the report critiques some immigration policies, past, present and proposed, to determine their effectiveness. Not surprisingly, some of the most often advocated policies have failed in the past and show no sign of succeeding in the future.

So why do certain politicians continue to advocate for them?

In recent months, at the urging of immigration restrictionists, the administration has launched a series of workplace raids leading to numerous arrests and deportations. The rationale behind the crack-down being that the ready availability of jobs and employers willing to skirt the law, are major factors in drawing undocumented immigrants to the US. But the CRS finds that this theory is hard to backup with any hard empirical data.

The research points to a constellation of factors that have contributed to the increase in unauthorized resident aliens. Historically, unauthorized migration is generally attributed to the “push-pull” of prosperity-fueled job opportunities in the United States in contrast to limited or nonexistent job opportunities in the sending countries. Some observers maintain that lax enforcement of employer sanctions for hiring unauthorized aliens has facilitated this “push-pull,” but it is difficult to empirically demonstrate this element. Political instability or civil unrest at home is another element that traditionally has induced people to risk unauthorized migration, but the motives for such migrations are sometimes mixed with the economic hardships that are often correlated with political upheaval.

CRS also looks at the cornerstone of immigration restrictionist policy; tighter border control. With constant calls for increased spending on enforcement, the building of walls, and militarization of the border, the CRS found that contrary to stemming the tide of undocumented migrants, these policies have in fact increased the population of unauthorized residents.
Although most policy makers have assumed that tighter border enforcement would reduce unauthorized migration, some researchers are now suggesting that the strengthening of the immigration enforcement provisions, most notably by the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), may have inadvertently increased the population of unauthorized resident aliens. This perspective argues that IIRIRA’s increased penalties for illegal entry coupled with increased resources for border enforcement stymied what had been a rather fluid movement of migratory workers along the southern border; this in turn raised the stakes in crossing the border illegally and created an incentive for those who succeed in entering the United States to stay.

The report notes that the number of unauthorized residents remained relatively flat during the first ten years following the passage of the Immigration Reform and Control Act (IRCA) of 1986. Except for a dip to 1.9 million immediately following IRCA's legalization program, the number hovered at a little under 3.5 million until the stricter enforcement measures of the IIRIRA were implemented in 1996. Since then the numbers have only continued to climb.

(Editors note: It's interesting to note that although not mentioned in the report, the increase also coincides with the enactment of NAFTA)



Many of the restrictionists other assertions, mainly those revolving around a lack of enforcement, often claimed to be contributing factors to increased numbers of unauthorized residents are deemed "elusive factors" that are difficult to measure and prove.
Some observers point to more elusive factors — such as shifts in immigration enforcement priorities away from illegal entry to removing suspected terrorists and criminal aliens or discussions of possible “amnesty” legislation — when they assess the increase of unauthorized resident aliens. Others argue that border security measures enacted in recent years have not received adequate funding to be effective against unauthorized migration, and some maintain that state and local law enforcement officers have not been sufficiently involved in apprehending illegal aliens. Some would make illegal presence an aggravated felony. Still others assert that there has not been sufficient funding and staffing for enforcement of immigration laws in the interior of the country. It is difficult to measure whether, or to what extent, these other phenomena have contributed to the increase in unauthorized resident aliens

The report also examines a factor that has led to increasing numbers of unauthorized residents that's rarely discussed by politicians and pundits: The glaring flaws in the way the immigration system is administered.
Another contributing factor — best represented by the “quasi-legal” aliens discussed above — is the wait-times for immigrant petitions to be processed and visas to become available to legally come to the United States. There are statutory ceilings that limit the number of immigrant visas issued each year. There are also significant backlogs in processing petitions due to the high volume of aliens eligible to immigrate to the United States and the large number eligible to become U.S. citizens. Of the pending cases, reportedly almost 2 million are immediate relative and family preference petitions. Many observe that these family members sometimes risk residing without legal status with their family in the United States while they wait for the petitions to be processed or visas to become available.

These findings come not from a partisan think tank or advocacy group, but rather the agency tasked by congress to gather unbiased information for the purpose of enacting informed legislation. The CRS website explains their mission:
The Congressional Research Service is the public policy research arm of the United States Congress. As a legislative branch agency within the Library of Congress, CRS works exclusively and directly for Members of Congress, their Committees and staff on a confidential, nonpartisan basis.

History and Mission

Congress created CRS in order to have its own source of nonpartisan, objective analysis and research on all legislative issues. Indeed, the sole mission of CRS is to serve the United States Congress. CRS has been carrying out this mission since 1914, when it was first established as the Legislative Reference Service. Renamed the Congressional Research Service by the Legislative Reorganization Act of 1970, CRS is committed to providing the Congress, throughout the legislative process, comprehensive and reliable analysis, research and information services that are timely, objective, nonpartisan, and confidential, thereby contributing to an informed national legislature.
CRS

Given that tax payers dollars are spent to provide Congress with reliable and non-partisan information on the pressing issues of the day in hopes that legislators make informed and knowledgeable decisions regarding public policy, why is it that so many of our current legislators chose to ignore their own research in favor of flawed and biased information that will certainly lead to unsound policies doomed to fail before even enacted? Mr. Tancredo…are you listening?

tags: , , ,

Read More...