Illegal Immigration Reform: Arizona Law and Federal Policy

Introduction

Illegal immigration has always been a controversial topic in the United States. While some people believe that every individual has a right to live a good life regardless of the country in which he or she is born, others argue that unchecked illegal immigration can cause serious social and economic problems. Legal immigration, by contrast, is an accepted part of American society — the country welcomes more than one million legal immigrants every year. These legal immigrants are believed to play a constructive role in the economy, which is why the U.S. attracts talented individuals from around the world.

Current Controversy

The current controversy centers on laws passed in Arizona and other states aimed at cracking down on illegal immigration. Whether such laws are necessary at all is the question troubling millions of Americans. As one survey reported: "It's a problem with no easy answers — and little consensus, our June poll shows. Nearly all responders (90%) say the government should beef up border security, but you are sharply divided on whether to offer illegal immigrants a path to citizenship. Thirty-nine percent would offer it, 39% would not, and 12% would create a guest worker program that stopped short of citizenship. Another 10% answered 'none of the above.'" (American School Board Journal, 2006, p. 11).

The crux of the issue lies in the meaning of the word "illegal." While Americans are generally open to accepting legal immigrants and integrating them into society, there is considerable negativism about illegal immigration. One reason is that society tends to look down upon and punish anyone engaged in illegal activities — smuggling, cheating, or violating established rules — with stringent consequences such as jail time and fines. The same mentality extends to illegal immigration, which is likely why many Americans do not view it as a legitimate path to citizenship.

There are many reasons attributed to the surge in illegal immigration in recent years. Increased violence in Mexico and the resulting insecurity and poverty have forced thousands of people to flee across the border in search of a better life for their children. Many of these individuals have little chance of entering the country legally because they are predominantly uneducated and are seen as adding limited economic value. As a result, they resort to illegal means of entry.

Others blame employers who hire undocumented workers for lower wages, arguing that these employers indirectly enable illegal immigrants to gain a foothold in the country. In keeping with a general opposition to slave labor and other exploitative forms of cheap labor, many Americans are uncomfortable with employers who hire undocumented workers. Such employers blur the distinction between illegal and legal immigrants, undermining the efforts of those who entered legally, pay taxes, and contribute significantly to the country's growth.

Another factor is the long-standing inefficiency of Congress in addressing this issue. As one commentator noted: "The last major revision of immigration laws was in 1986. What happened to those provisions? Why were they never enforced or followed up on? Congress, and both Democratic and Republican administrations, should be ashamed at what they have created because of their own negligence." (American School Board Journal, August 2006, p. 12). All of these factors have contributed to the rise in illegal immigration, placing significant strain on society and the economy.