This coming week, President Obama will announce how he hopes to reform our broken immigration system. Some eleven million human beings living in the United States without legal immigration status will be directly affected by what President Obama and our Congress decide to do about this issue. Indeed, all of us living in the United will be affected by their decisions.
As an immigration attorney I will use this blog to comment on President Obama's proposals. At least I will try to tell you how immigration law affects the lives of the people with whom I deal every day.
More importantly, I would like to know what you think about how our government should deal with the problem of people living illegally in the United States. I would also like to know how you think you will be affected by how our government deals with the future of illegal immigrants in our country.
So let me know.......
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ReplyDeleteThis comment has been removed by the author.
DeleteOk here we go.
ReplyDeleteI admit I have only recently started to rethink my position immigration policy.
I recently got to know one of the best students I have ever had. Her name is Zianja. This kid was at the top of the class academically and took it upon herself to create community service hours for herself above and beyond what is required by the school. She is an all around terrific kid. Of course she is in the US illegally. Her aunt brought her to the USA as a child and she is now 14.
Before Zianja I was all for deportation of all undocumented immigrants. After all they are here illegally. Now I have reconsidered. The USA is a better place with a person like this as a citizen. I am thrilled the current administration came up with the present program that allows kids like this to stay here legally. I imagine there are many more like her. I hope any policy will allow for exceptional individuals to stay in the US at any age. I wonder if this is possible.
This is something I run across a lot. An American citizen saying something like "those --- illegal aliens should all be shipped back to Mexico. But then there's Juan. Juan works in my business and he's such a great guy, he works hard, etc. Can't we make an exception for Juan?" That is, taking a hard line overall, but wanting an exception made for the illegal who works for them, takes care of thier kids, etc. because the individual is so impressive.
ReplyDeleteThat would indicate that when considering the issue in the abstract (fearing the hordes of faceless illegals swarming over the borders) it is easier to take a hard line. But when dealing with an individual, a real human being, one is able to soften. So what does it mean when trying to make a policy for the nation? Is there a way to deal with these cases individually? As an expert in these matters, can you shed some light on what a reasonable policy might be? Is there any hope for the Juans and Zianjas who want to be citizens but have, for whatever reason, gotten here illegally?
ReplyDeleteThere is already a way to do that. Applying for citizenship or even a green card is a long process that involves submitting lots of forms and evidence to show the applicant is a good person. There are also background checks to weed out the baddies.
DeleteHere is a response from another blog fan who was unable to post on this site:
ReplyDelete"What do we say to the people who came to this country legally and went through all of requirements, paperwork, sacrifices, etc to become U.S. citizens? Is it fair to them to make exceptions for people who came here illegally? When a person breaks the law, there have to be consequences. If a person came here illegally, should the person be allowed to stay as a resident, but be denied U.S. citizenship and all of the benefits that come with being a citizen such as the right to vote?"
I see your point and it is a good one. Consequences are important. Hmmmm. I'd like to wait to read what our blogmaster Mark Monaco has to say about this complicated issue from an immigration lawyers standpoint before I respond.
ReplyDeleteDenying citizenship is a questionable remedy - there are already so many exceptions. People who are granted political asylum, for example, whether they enter legally or not, can still eventually get citizenship. Likewise people who came here illegally but filed some kind of application on or before April 30, 2001. Likewise so called "immediate relatives" - spouses, parents and children of US citizens - who came legally but later fell out of status. So why would it be fair to deny citizenship as a condition of any amnesty program? Perhaps a large fine would be better.
DeleteBut I guess the problem remains - as long as it is easier and more attractive to enter the US illegally than legally, I suppose we will always have this issue, especially since our borders are open.
ReplyDeleteIs it easier to enter illegally? Why do you suppose so many risk their lives to do it when there are legal ways to become citizens?
Also - in the case of Mexico (which is the biggest contributor out here in So Cal) what does their government say or do about so many of its people defecting? (If that is the right word in these cases)
Also - what part do US corporations and citizens who hire illegals play in this?
Another from the masked blogger:
ReplyDeleteThis certainly is a complicated issue, in part because of the myriad of laws and regulations put forth by our government. It's a shame that this issue has been politicized. I do maintain that there have to be consequences to breaking the law. Understandably there are mitigating circumstances when it is a life and death situation. I also believe people who come to live in this country should learn the English language. That should be a requirement. A common language unites a country. Separate languages keep it divided.
And my reply:
DeleteI have to agree with you re: learning English.
What is the opposing argument? Is it something about celebrating other cultures? If so it is silly - requiring people learn English does not interfere with their home cultures. Is there currently a language requirement for legal immigrants? Mark?
Knowledge of spoken and written English is a requirement for citizenship. Exceptions are made on the basis of age and disability.
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