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Immigration Reform 2009: Take Action Now!
Coming up with a comprehensive immigration reform bill that serves our national security and economic interests and without giving away too much amnesty, remains a major issue of contention. We realize that there are strong emotions on both fronts, but ignoring a problem will, as it always does, make the problem worse.
When we stop to consider the millions of illegal immigrants in the U.S, we don’t think it un-American to ask how they got here in the first place. Certainly those who crossed our borders illegally must have known they were breaking the law, right? Well perhaps, but we’re not so sure it’s as simple as all that. For example, you know you are breaking the law when you drive and exceed the speed limit, but aren’t there are times when you just go with the flow of traffic—hey, we all know it’s wrong but we are willing to take that risk from time to time. And where’s the highway patrol anyway? Why weren’t they making a greater effort to stop us if they really wanted to curb speeding, right?
Admittedly this example is an oversimplification taken to the extreme, but it is one to which most of us can relate. But don’t you think that is sort of what the illegal aliens may have been thinking when they crossed the border into the U.S. All levity aside, where was the Border Patrol Agents and why weren’t they making a greater effort to stop them if they really wanted to curb the growing problem of illegal aliens. We have the greatest admiration for or nation’s law enforcement officers, but it appears there’s been a long-term tacit policy afoot to leave the door open just a bit.
There is a popular illustrative tort case used by law professors, I think it’s called Rocker v. State. In any event, at issue was the principle of the “well worn path” which essentially made a land owner liable to trespassers on his land where he or she knew or should have know of their presence because of the well worn path they left behind from their daily trespass.
May we suggest here for a moment that our Mexican border shows ample signs of a well worn path? And don’t you agree that our government’s policy on overstays may have also cut a sizable swatch as well. May we further suggest that we all own up to that fact that we as a nation share some responsibility for the problem? Sorry, we know it’s a difficult pill to swallow, but it is the sociopolitical inconvenient truth of the day.
So, what can we do about it? The first thing to do is to admit we have a problem—and that we may be at least partially responsible for causing the problem in the first place. We’re not suggesting the illegal immigrants have no responsibility for their actions, we’re just saying we as a country played a part in it, that’s all. AND, of the two, that is, us or them, we’re in a much better position to fix things, aren’t we?
The next thing to do is to take real steps toward stopping the relentless incoming tide of new illegal immigrants entering every single day? We’d be a lot better off in this post 911 world knowing that not just anybody can enter the U.S. with little fear of being stopped—that’s just plain unacceptable. We will leave it to those better capable to implement an effective solution. Whether it be stone walls, drones, barbed wire or a combination, let’s find something that works and do it. Others have made an argument that this would be tantamount to building a Berlin Wall, but that’s just nonsense, the fact is we need more effective border control.
We then need to do something with the millions illegal that are already here. All this talk of amnesty being unacceptable is understandable, but when you realize that there is no way to deport the mass of illegal immigrants already here, you have to face the fact that we need to do something to sort out, qualify and assimilate these people in a controlled setting. Certainly you cannot just hand everyone a green card. But let’s forget for a moment the semantics of whether or not it’s amnesty, legalization or whatever label they come up with. Perhaps it is some form of amnesty, perhaps it isn’t, but one thing’s for sure, taking steps to get these folks out of the shadows is the only solution.
Pure amnesty is forgiveness for entering, remaining in, and working in the country illegally without any penalties. President Obama has stated that he doesn’t support outright amnesty and neither do we. But let’s be sensible, what we are really talking about is compromise. The whole issue of immigration reform is, in the end, one of compromise—and compromise is always borne of necessity—and we need to fix the current immigration system. Surely illegal immigrants will walk away with benefits, some of which admittedly may be a form of amnesty, but we also have an opportunity to correct an ineffective immigration system that is not working. With compromise both parties walk get to away from the table with some tangible benefit.
Finally, we need to keep the pressure on Congress to enact immigration reform that will serve our nation’s national security interests and offer a fair solution to the mass of illegal immigrants already in our economy and culture. But we need not do this in one fell swoop. Since comprehensive immigration reform failed in the past, maybe we should start enacting it piece-by-piece. (DREAM Act anyone?) This way we can at least move in a positive direction while giving Congress and the nation an opportunity to better explore the more contentious issues—it’s certainly better than doing nothing. No matter which side of the aisle or argument you may sit, I urge you to work toward a improving our immigration system. Immigration reform is an issue that cannot be ignored.
If you think of anything I left out of this post, please feel free to put that on the comment.
Written by Peter J. Loughlin, Esq. & Thomas W. Goldman, Esq.
Thomas W. Goldman, Esq., J.D., LL.M., and Peter J. Loughlin, Esq., J.D., LL.M., are US immigration lawyers and the founders of Goldman and Loughlin, PLLC Law Firm, a national immigration law firm with offices in Orlando, Florida and Naples, Florida and Bradenton Florida.
Filed under: US Immigration Legislation · Tags: amnesty, Comprehensive immigration reform, DREAM Act, illegal aliens, immigration reform, legalization
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Amnesty for illegal immigrants in the United States, will cost taxpayers more than the Liberals will admit? The majority who have no papers are paid under the proverbial table, by parasite employers. Those who are using fraudulent or bogus Social Security Numbers, do pay Federal taxes. A great example of the pathway illegal aliens have fraudulently, exploited free money is the Earned Income Tax Credit (EITC). In his book financial analyst and economist Edwin Rubinstein. He states that (EITC) is the largest anti-poverty program in the United States — and the most illegal-immigrant friendly. In 2007, more than 23 million households received more than $47 billion in the EITC payments. Much of the so-called “tax relief” goes to people who never paid a cent in taxes, and may have already defrauded the government of huge sums each year. EITC has become yet another means of depriving hard-working Americans of their own resources. It robs some to give to others. The EITC is the most accessible of the major entitlement programs and used by more people than food stamps and welfare (TANF)* combined the author admits.
The open border factions, including the payed-off politicians will offer you nothing but propaganda, to stifle any truth. The momentum is building to push for anther AMNESTY. Not only will taxpayers be carrying the out-of-shadows new immigrants, because most have only a 7th grade education and will not find work–while 10 million US workers are jobless. Billions of dollars sent back to other countries. Not forgetting the sponsoring of immediate family members, who will be even a larger burden of American taxpayers. Then their are millions more, impoverished, uneducated waiting for a 3rd AMNESTY to rush the undermanned border. Read undisclosed facts at: VDARE, FAIRUS, JUDICIALWATCH, NUMBERSUSA, AMERICANPATROL, CAPSWEB.ALIPAC.
You raise some important points here. If some form of legalization is enacted, unbridled access to EITC and entitlement programs should be addressed. And, not all immigrants should qualify merely on the basis of being physically present in the U.S.
Particularly in the economic crisis we now find ourselves, any immigration reform should address the real cost of amnesty and legalization. Still, there is a cost in doing nothing, But we do agree with you that there are costs to legalization and amnesty that are not obvious and must be considered before hastily and irresponsibly enacting such legislation. Take a look at our post on President Obama and Immigration reform.
[...] do for people who are trying to immigrate legally? In some cases, that is what we have now, and a new comprehensive immigration bill will make this even more so. How do we explain to Americans and the immigrants who are following [...]
I see some good points and bad ones in this article just like in any Immigration case, but i dont agree with it all the way I know people that read this are thinking i just say that because Im an Immigrant myself but finilly leaving the “American Dream” I have been in the Us since 1989 i was just 5 at that time, i got my permanent residence and just in 2006 I became a US Citizen. Ive seen immigartion laws change alot since 1989 and it is harder on illegal immigration I understand why this laws changed dramatically after 911, and is alot harder for illegal immigrants to find jobs in America because most companys wont hire them because they will get fine an X amount of money for each illegal immigrant that is working for them, America did not say much on illegals taking there so called jobs untill this economy has been dropping and now everyone is running around like chicken with there heads cutt off trying to find jobs, and the number one reason Americans say they cant find jobs is because all the illegals have them but for the last 10 or more years America has been sending there jobs accross sea’s. This Powerfull Country was build on Immigrants even the pilgrims where immigrants so from know on we should call illegal immigrants PILGRIMS (lol)back to the article and about the Pathway’s it is true if the US wanted to shutt down illegal entry to the US they would do it in less than a day the US Army and the Border Patrol would bee on that border like crazy but the truth is they really dont want too like i said in the start of my typing there’s good and bad points, America benefits from illegal’s in one way or another think about all the millions of illegal’s that live in the US that dont/cant get benefits like food stamps, Medicare, lower housing cost, no federal tax return’s and alot more that i cant think of at this moment well the US is saving alot of money on that for all of does people on Welfare and medicare and foodstamps and on alot of caeses is just lazy people that dont want to work and contribute to the economy, illegals are taking our jobs they say I really hope President Obama gives out a reform to immigrants but not just any immigrant only those that follow the laws and dont have any past criminal backgrounds even i dont care for those types of people, if this reform was past immigrants once again would rebuild this country imagine all of those application and all of that money flowing in to US hands for future plans, like Chrysler car Co. asking for 500 to 800 million dollar so they wont go bankrupt everyone would benefit for example….. Im paying a lawyer 1800 dollars and ??? amount of money for immigartion applications and so on thats just one persons app. giving to the US economy…. yes I know know the US has more money for the economy but know it needs more money for this new US residents you would think, this illegal immigrants have been living a long time like this with no Goverment help what would make you think that they would ask for benefits all they want is a legal job and legal us residence maybe thats the problem with US if they had stronger laws on Goverment help like for people that work I know some people cant help it and they really need help like handicap people or special need people. but if illegal immigrants have done it so can everyone else.. thank’s for reading this
and sorry for writing to long..
Some of illegal people [ about 10% or more ] have MBA, BA. So far, they cannot get a good jobs. Right now, illegal people still has jobs, but American people lost jobs. Why? Illegal people get any kinds of jobs. They don’t pick any. Think, If 12 million people pay fee $1,500 each person to stamp visa for 12 million people. How much, USA will get money from these people.
12 million people x $1,500.00 = [ US $180,000,000,000 ] from Immigration reform. Economy will goes up in short time. Most latino has a lot of money than American people, can notice when we go to bank, in CA, VA, MD, Washington DC. They have money to buy a house, but they cannot buy in the US, then send money back to has or her country. I am sure, the economy will be better if Immigration reform happen.
Reelz, you raise some interesting points about illegal aliens and the economy. Most Latinos in this country are industrious and law abiding and, as you point out, are helping the U.S. economy. Immigration reform must be addressed.
$1,500 per person, I do not think so; Going to an extreme, It could easily be $5,000 dlls per person, pretty sure they will pay that upfront, since they have savings.
So do the math. Now imagine that as a condition for legalization they are required to buy residential real estate per household! The housing problem will be fixed thanks to them.
Of course this is to an extreme scenario, and I really think this will cost zero to tax payers.
I am agree with President Obama.
Thanks for the comment about President Obama and immigration reform. We’ll keep you posted with the latest immigration news on this important topic.