Anti-immigration policies and their effects

Sociology: Anti-Immigration Policies

-California Proposition 227 and Proposition 187-

The purpose of this paper is to research Anti-immigration policies in the United States and to further discuss California's Propositions 227 and 187 and in the critique of the literature to compare and contrast these policies while at the same time to interject originally and critical thinking from the perspective of underlying assumptions, potential weaknesses in the argument of methodological approach and further to analyze their potential value in really grasping an understanding in the immigration issue as to "second generation."

Early roots in anti-immigration sentiment were expressed in the two-dollar a head tax of immigrants in 1903 and in 1997 moving upward to four-dollars a head. "Anti-immigrant sentiment is a result of ignorance of the value of immigrants throughout the history of the United States," pointed our Michael Lin, National President of the Organization of Chinese-Americans (OCA)

During the year of 1912 the anti-immigrations heated up their attack with the assistance of the Immigration Restriction League and by 1917 the broke down the defense of the pro-immigration groups and within the immigration pact of that year the head tax was doubled to eight-dollar a head and made instituted as code law the Dillingham Commission recommendation for a literacy tests in making a determination the eligibility of the individual in receiving entry into the United States. The Anarchist Actof 1918 set out quotas on immigrant numbers reducing them to 2% of the nationality's foreign born population in the 1890 Census. The enacted legislation that was in power within the United States between 1917 and 1926 effectively ended "unrestricted immigration. In the past recent years the number of immigrants entering the United States has reached an unbelievable proportion. The total number of immigrants entering the United States in fiscal year 2002 was 1,063,732 for 2002 with a slightly larger number entering the United States in 2001 in the number of, 1,064,318 and for the year 2000 the number of immigrants entering the United States was the total of 849,807. California had more immigrants for each of these years than did any other state. The total number of immigrants that entered the United States between 1820 and 2002 was 68,217,481.

II. The Possible Burden of Immigrants:

Many individuals hold the belief that the immigrants place an undue burden on the United States by heavy utilization of the welfare services. California Proposition 227 or the Indian Languages Act was signed on October 30, 1990 by President George Bush as Title I of Public Law 101-477.1 The cornerstone of this act is the principal that the Native Americans are of a unique and different heritage and that the preservation of the culture and the language of the Native American people is a responsibility of the United States for ensuring the survival of this unique heritage dimension of mankind while allowing the Native American in the United States maintain separate identities. Stated in the Act is that:

'Languages are the means of communication for the full range of human experiences and are critical to the survival of cultural and political integrity of any people. . ." Sec. 102 (9)

Further stated within the text of the act is that:

"Language provides a direct and powerful means of promoting international communication by people who share languages." Sec. 102 (10)

The act holds that by encouragement, support and use of Native American languages may be used as a medium of instruction in order to: Ensure Survival of Native American Languages; Educational Opportunity; Increased student success and performance; Increased student awareness and knowledge of the cultural aspects; Increased student and community pride. Within the scope of the Native American Languages Act gives encouragement to parents, educators as well as Native American governing body.

In Section (195) stated is that the President will review the policies in one year and at that time will recommend any necessary changes of Federal law that have occurred or need to occur to bring the Federal Laws back into compliance.

II. Proposition 187:

This 1994 law has been referred to as a 'radical law" that was implemented to prevent illegal immigration. This law passed with 59% of the vote and was instituted as a law the next day. The expressed purpose in this Proposition was for the provision of cooperation between states and local agencies in the establishment of a system requiring notification "by and between" all agencies focused toward prevention of aliens in the United States having receipt of benefits or public services in the State of California. (Prop 187 Sec. 1)

Under Proposition 187 the California law enforcement, social services, healthcare and public personnel to: Make verification immigration status of individuals they come in contact with, Notify specific individuals of their immigration status, Report those individuals to state and federal offices, Deny those individuals social services, healthcare and education.

Proposition 187 was challenged five (5) separate times but all those cases were joined into a class action suit in the United States District Court of California with a preliminary injunction being granted to the Plaintiff in the first case of December 14, 1994. The League of united Latino Citizens (LULAC)

and other original Plaintiffs fought the summary judgment in May 1995 and in November 1995, District Judge states that concurrence was granted in part and denied in part. In 1998 a Federal District Judge ruled that the primary provisions of the law were unconstitutional for two stated reasons as follows:

1. The law interfered with the exclusive jurisdiction and control of the federal court in relation to immigration law and;

2. The Supreme Court case holding was in that a state cannot deny a public education to illegal immigrant children. "

III. The Immigrant Problem:

There has existed as a generally held opinion among American citizens that the immigrants attempt to move right into the best areas of industry and as well into the areas of higher income where the payments from welfare benefits are optional. The five countries from which immigrants first came were as follows:

Soviet Union

Cambodia

Laos

Vietnam; and Cuba

Studies performed in the early part of the 1990's show that the immigrants are over-represented in the system. The reason for over representation is the increase in relative elements of immigration population. "Anti-immigrant sentiment is a result of ignorance of the value of immigrants throughout the history of the United States," pointed our Michael Lin, National President of the Organization of Chinese-Americans.

(OCA)'

IV. Anti-immigration: Reason & Rhyme

The policy changes toward immigration swing broadly from first one side to the polar opposite side in the rapidly changing world of today. From the conservative point-of-view then this country never was intended to be the indiscriminate dumping place of humanity containing the wretched flaws indiscriminately hoisted upon this country that came together through the blood, sweat and tears of the forefathers.

There are approximately eight million individuals who live in the U.S. But do not have legal documents. Each and every year another 250,000 immigrants either stay past the date on their visa or simply enter into the U.S. In an illegal manner. According to Daniel Griswold, Researcher at the Cato Institute Center for Trade Policy Studies the growing demand for low-skill labor in the U.S. against the backdrop of a rapid decline of available workers has created a problem that no immigration law in the U.S. presents a proper venue for low-skill workers entrance into the country in order to fill those demands. Resulting is "an illegal flow of workers characterized by more permanent and less circular migration, smuggling, document fraud, deaths at the border, artificially depressed wages, and threats to civil liberties. Table 1.0

Chart based on Bureau of Justice Statistics (in millions)

Griswold believes that legalization of migration of Mexicans would in one with one quick stroke open up the underground market and give producers in the American economic sectors an opportunity to employ the workers needed for their companies to expand and become prosperous raising wages and conditions of work for low-skill workers in the millions spurring human capital investment as well as freeing up resources as well as personnel for the war on terror. Immigrants admitted lawfully in the U.S. In 2002 were 1,063,732. Of these 384,427 aliens are presently living out of the country after obtaining immigrant visas through the U.S. State Department and entering the U.S. As lawful and permanent residents.

There has been a backlog at the INS office due to 966,000 cases waiting on a decision. 63% of all immigrants lawfully residing in the U.S. In FY 2002 were sponsored by families while 16% were employment preference admission and 3% were Section 202 & 203 (family sponsored) admittees and finally 142,632 for employment-based immigrants. Only 25,804 of the preferred issue visas are allowed. The Diversity Program have 55,000 visas are allowed. According to the USCIS

report: "Immigration exempt from worldwide numerical limits. Immigration usually totals much more than the annual worldwide limit for preference and diversity immigrants because some major categories are exempt form the limits." Inclusive are the categories of:

"Immediate relatives of U.S. citizens"

"Refugee and asylee adjustments"

"Certain parolees from the Soviet Union and Indochina"

"Cancellation of removal; and"

"Aliens who applied for adjustment of status after having unlawfully resided in the United States since January 1, 1982 and certain special agricultural workers. (The application period ended on November 39, 1988; most recipient of this status gained permanent resident status in fiscal years 1878-92)"

V. Comparison of the Policies:

Proposition 187 was quiet rigid toward immigrants and seems to change the face of Lady Liberty. It is a long held belief that the United States is a nation that does not turn away the poor and wretched feeling from oppression or poverty in their country, but is a country who welcomes them. However this proposition seem to change the very attitude of America and Lady Liberty seems to be saying to immigrants that, yo -- you may enter but not food, no work and no education for your children. This proposition totally takes away all of the elements that have made America superior to other countries. Furthermore, to accept immigrants into the country and then refuse to educate them is the same thing, in essence as refusing to attend to their naturalization which is foolish. Proposition 187 is one that promises to make illiteracy dominant among poor minorities and in fact, since that already is the case, then it can be said that Proposition 187 will only serve to perpetuate what is already a serious problem in the United States. One must at this point consider that with the present immigration figures that the end result of Proposition 187 is that the United States will have 1.6 million new illiterates each year entering the country. Illiteracy under this Proposition is guaranteed to loom large as a problem in the years to come.

Proposition 227 has a much nicer tone in the reading as it seems to be so respectful of native language however, the confusion caused by this type of implementation can be compared to the biblical tower of Babel. It is wonderful to acknowledge the native languages and to acknowledge the inherent right of those from the lineages of the native American line to speak those languages freely but in the classroom the problem presented is one that when children who do not understand or speak the language are left out of those moments of learning the result will be one that is detrimental. If the United States is planning to continue to allow in excess of one million individuals come into the country each year as immigrants then the educating of those immigrants and their children is vital if this country is going to flourish. Furthermore, if this many immigrants or newcomers are going to be allowed to enter the United States and if the United States is going to educate them and other already in the country effectively then the adherence to a national language as has been done in years past is imperative for successful education of the young.

When giving consideration to Anti-immigration viewpoints it is obvious that these migrant workers are not going to be banned due to the fact that they have become such a vital part of the American workforce. The southern states utilize the workers in performance of jobs that others do not want. The immigrant workers each year harvest the fruit crops in the Southern U.S. states as well as many vegetable crops.

The question of enforcement is one that is a curious subject. The security increase since the year 2001 certainly is not reflected in the number of illegal aliens that are managing to gain unlawful entry into the United States. The Border Patrol states as their mission "to secure the 8,000 miles of land and water boundaries of the United States between ports of entry." The Border Patrol states as its' object "to prevent illegal entry into the United States, interdict drug smugglers and other criminals, and compel those persons seeking admission to present themselves legally at ports of entry for inspection."

VI. Border apprehensions:

Apprehension on the Southwest border equaled 1,615,844 in 1986 but decreased all of the following three years after enactment of the Immigration Reform and Control Act (IRCA) of 1986. Under the rules of this legislation 2.7 illegal aliens were allowed to be recognized as legal immigrants. This act further established sanctions against employers who hire illegal aliens as well as authorizing the size increase of the Border Patrol. The table below illustrates the number of removals of immigrants from the United States between the years 1994 and 2002. (Information based on Homeland Security Figures, Yearbook 2003)

Table 2.0

Fiscal year Total Expedited Removals

2002 148,619 34,326

2001 177,452 69,785

2000 185,731 85,836

1999 180,760 89,144

1998 173,146 76,078

1997 114,432 23,242

1996 69,680 X

1995 50,924 X

1994 45,674

Summary and Conclusion:

The statement has been made that,

"Clearly, decisions on Immigration & Naturalization cannot be left to those who are too worried that they may be mislabeled to make objective evaluations of essential factors. Personal likes and dislikes have very little to do with formulating sound policy; nor is one's degree of respect or disrespect for other nations, the key determinant,

Another stance that has been taken toward the issue of immigration is stated as follows:

Another widespread illusion is that of a melting pot, the belief that America is somehow the fusion of all her peoples, and that that fusion solves every problem flowing from a population with diverse roots. While there has undoubtedly been a blending of some stocks, and varying degrees of interbreeding among others, there is no consistent pattern from which to postulate anything inherently positive or inevitably negative from observations of these phenomena.