Immigration Reform 2013: Why California Has the Right Solution

Federalism

Illegal immigration the act of crossing national boundaries with people or the inhabitation of foreign nationals in another country (different from their home country) in a manner that causes a violation of the immigration laws and policies of their host country (Taylor 2007:6). Currently, the U.S. is one of the most affected globally by the illegal immigration population. As of 2008, it was estimated that about eleven million residents of the U.S. were illegal immigrants. The illegal immigration has elicited great debate and has made the federal government institute several policies in response to this problem (Preston 2008)

Federal government policy proposal on illegal immigration

In 1996, the congress passed two major Acts that guided the deportation of illegal immigrants in the U.S. The two acts passed include "The Antiterrorism and Effective Death Penalty Act (AEDPA)" and the "Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA)" They are important legislations that have helped in minimizing the number of immigrants. They have also changed how criminal cases are handled: many people have eventually been deported. Before the legislation, immigrants violating state laws underwent a two-step process. First, the courts were expected to determine the prospects of deporting an individual. The second step allowed judges to review the entire process when one was considered unsuitable for deportation (Morawetz 2000). With the two Acts in place, many immigrants have been deported under the first step. The number has been increasing annually, partly because the two Acts expanded the definition of aggravated felony to include simple crimes like shoplifting. For instance, an immigrant judged for a crime of an aggravated felony is automatically liable to mandatory detention and deportation.

Another law passed by the U.S. congress is the Patriotic Act. This was passed a few weeks after the 9/11 attacks and gives the federal government more power in expanding its surveillance systems besides creating diverse conditions facilitating the deportation of an anyone suspected to be a terrorist or affiliated to a terrorist organization. With the Act, the Attorney General must 'certify' any illegal immigrant whom he believes has participated in terrorism activity and the individual must be taken into custody (Harvard Journal on Legislation 2002)

California's policy proposal on illegal immigrants

Unlike the U.S. congress approach to illegal immigrants, the State of California has adopted a friendly proposal to the immigrants. The State has cast out the long U.S. tradition of inhospitality towards immigrants. Currently, it is a sanctuary for both illegal and legal migrants. The state legislature has enacted some legislation in the recent years, which have signed into law by Governor Brown. One of the most noticeable is the Trust Act, which caters for illegal immigrants.

The Act provides relief to the large number of immigrants living in California and the U.S. In general. The Act decreases the cooperation levels between California's government and the national government regarding the issue of deportation of non-violent law-breaking illegal immigrants. In California, illegal immigrants who break traffic laws, or break other minor laws cannot be deported. The Trust Act also grants driving licenses to illegal immigrants. Besides, California's Trust Act grants state tuition to immigrant dreamers who were brought to U.S. As young children. These kids qualify for instate tuition at California's colleges and universities (Landgrave 2013). Under the new laws, illegal immigrants have to be paid for overtime every day that they work more than nine hours a day. Besides, employers are prohibited from turning in illegal immigrant workers to federal immigration without a probable cause. The Trust Act also bars law enforcers from turning over illegal immigrants, they arrest to immigration officials unless they committed major felonies (Landgrave 2013)

Assessment and comparison of the two proposals